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Sciences 
Corporation 


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WEBSTER,  N.Y.  14580 

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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


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Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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to  1 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
cop'/  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiqu^s  ci-dessous. 


Th« 
pos 
of  1 
filn 


D 


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Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommag6e 


Covers  restored  and/or  laminated/ 
Couvtirture  restaurie  et/'ou  pelliculde 


I      I    Cover  title  massing/ 


D 

n 


y 


Le  titre  de  couverture  manque 


D 


Coloured  pages/ 
Pages  de  couleur 

Pages  damaged/ 
Pages  endommag^es 

Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pellicul6es 

Pages  discoloured,  stained  or  foxed/ 
Pages  d6color6es,  tachet6es  ou  piqudes 


Ori 
bej 
the 
sio 
oth 
fira 
sio 
or  i 


I      I    Coloured  maps/ 


D 


D 
D 


D 


Cartes  giographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


[~n    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int^rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte. 
mais,  lorsque  cela  4tait  possible,  ces  pages  n'ont 
pas  6tA  filmies. 


n 


Pages  detached/ 
Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Quality  in^gale  de  I'impression 


r~y|    Includes  supplementary  material/ 


Comprend  du  materiel  suppl^mentaire 

Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
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ensure  the  best  possible  image/ 
Les  pa{ies  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  filmAes  A  nouveau  de  fa^on  t 
obtenir  la  meillaure  image  possible. 


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Additional  comments:/ 
Commentaires  suppl6mentaires: 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  a>j  taux  de  reduction  indiqui  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

J 

12X 

16X 

20X 

24X 

28X                              32X 

ails 

du 

difier 

una 

lage 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

University  of  British  Columbia  Library 


The  images  appearing  here  are  the  best  quality 
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filming  contract  soecifications. 


L'exemplaire  film6  fut  reproduit  grflce  d  la 
g6n4rosit6  de: 

University  of  British  Columbia  Library 


Les  images  suivantes  ont  6t6  raproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
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conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  Ihe  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  en  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
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right  and  top  to  bottom,  as  many  frames  as 
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method: 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  fitmds  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  una  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►  signifie  'A  SUIVRE  ",  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  reduction  diff6rents. 
Lorsqua  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichd,  il  est  f\\vn6  d  partir 
de  Tangle  sup^rieur  gauche,  de  gauche  d  droite, 
et  Cte  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m^thode. 


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2 

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4 

5 

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3557.  Laird  &  Lee,  Publishers. 

The  Little  Klondyke  Nugget         Story 

ports — Who  Ought   to   Go — Medical 

Hardships — Best  Outfit — Shortest  Roi 

ing  Useful  to  All — Canadian  Customs 

Calendar — Department  for  Expense 


S>'(^ 


Cr 


.(  u 


etc.,  etc.  U.S.  and  Canada  Mining  La> 
cial  Documents.  12  cm.  Original  print 
f^nrs  (kk^   of  backstrip  rubbed ;  leaves  browning. 

r/^  Chic 

Collation:    150  pp.  including  frontispiec( 

ruled  leaves  for  expense  accoi 

on  first  recto;  advertisement 

folding) . 

Provenance:  Edward  Eberstadt  «&  Sons, 

Map:  Official  Canadian  Sketch  of  Fort 
Creeks.     12  x  7.5  cm. 

Official  Canadian  Sketch  of  Klor 
cm.  (oix  verso  of  leaf  with  above 

Map  of  the  Alaska-Klondyke  Reo 
Yukon  Gold  fields.         22.5  x  19. 


shers. 

get  Story  of  the  Discovery  Official  Re- 
jo — Medical  Advice — How  to  Avoid  Many 
Shortest  Routes — Precious  Items  About  Min- 
ian  Customs  Deputies — Maps  and  Illustrations 
for  Expense  Account,  Receipts,  Memoranda — 
a  Mining  Laws  in  Full.  [At  head:]  From  Offi- 
)riginal  printed  stiff  red  paper  wrapper.  Edges 
^s  browning. 

Chicago:  Laird  &  Lee,  Publishers,  1897 

ng  frontispiece,  eight  plates,  and  illustrations,  21 

expense  account  and  memoranda,  with  calendar 

advertisement  on  back  cover;   three  maps    (one 

itadt  &  Sons,  1945. 

ketch  of  Forty  Mile  and  Sixty  Mile  Rivers  and 
n. 

ketch  of  Klondyke  River  and  Creeks.     12  x  7.5 
if  with  above  map). 

iClondyke  Regions  Showing  Direct  Routes  to  the 
22.5  X  19.5  cm. 


iv 


ovC  l^ 


THE  LIBRARY 


THH  UNIVERSITY  OF 
BRITISH  COLUMBIA 


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Prom  Official  Docaments 

THE 

Little  Klondyke 
Nugget 


STORY  OF  THE  DISCOVERY 

Official  Reports— Who  Ought  to  Go— Medical 
Advice  — How  to  Avoid   Many  Hardships  — 
Best  Outfit— Shortest  Routes  — Pre- 
cious Items  About  Mining  Useful 
to  All— Canadian  Customs  Du- 
ties  — Maps  and   Illustra- 
tions—Calendar—De- 
partment for  Expense 
Account,  Receipts, 
Memoranda- 
etc.,  etc. 

U.S.  and  Canada  Mining  Laws  in  Full 


rr^y 


CHICAGO 

Laird  a  Lee,  Publishers 

1897 

3- 


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COPYKIGHT  3897 
BY 

Wm.  H.  Lee 


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TO  THE  KLONDYKE. 


To  describe  the  new  El  Dorado  in  detail  la 
this  little  book  would  be  an  impossible  task. 
Our  aim  has  been  to  avoid  all  superfluous  mat- 
ter and  to  give,  in  condensed  form,  only  such 
practical  Information  as  is  really  needed  by  the 
fortune  seeker. 

Good,  reliable  Maps  of  shortest  routes  to  the 
Gold  Fields ;  an  exhaustive  List  of  Necessaries, 
to  be  included  in  a  perfect  Outfit;  the  cost  of 
Transportation  from  the  Pacific  coast  to  the 
Mines;  a  Table  of  the  Duties  exacted  by  the 
Dominion  Customs  on  all  Supplies" imported; 
the  Canadian  and  American  Mining  Rules  and 
Regulations.  Health  and  Climate,  Mining  Pro- 
cesses, and  Gold  Production  of  the  World,  be- 
sides many  other  facts  of  general  interest  are 
ail  included  in  this  Handy  Companion,  which 
will  occupy  no  space  to  speak  of  in  the  pros- 
pector's pack,  and  yet  be  complete  and  accurate 
In  every  respect. 

THE  PUBLISHERS. 


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TABLE  OF  CONTENTS 

'"                                  Page 
PREiAOE 7 

CHAPTER  I -THE  STORY  OF  THK  DIS- 
COVERY      © 

Boundary  line ^9 

tJ,  S.  Gove  ament  Report 11 

Where  the  Jold  comes  from 13 

McCormaok,  the  Disooverer 14 

Dawson  City  and  its  Founder , . .  16 

The  "Tenderfoot's"  Country 15 

C.  G.  Berry's  ^,000.000  Mines. 16 

More  Lucky  Finders 18 

Purveying  the  Claims... 18 

The  Dark  Shadow  in  the  Picture 19 

Bich  Mines  in  Aiaska  also 20 

Betuming  with  Pull  Hands 21 

A  Group  of  Fortunate  Ones.. ♦..\... v..*..  22 

A  Man  who  Liked  the  Cold... 25 

Battles  with  Mosquitoes 26 

The  Song  of  the  Klondyke 27 

CHAP.  II -WHO  OUGHT  TO  GO  TO  THE 

KLONDYKE 28 

Medical  Advice  and  How  to  Avoid  Hard- 

▲  Model  Medicine '  Chest  !!.!!.*!! . . ! ..."!!.'!  30 

The  Climate  (official  reports) 31 

Life  Insurance  Risks 33 

CHAP.  Ill -WHAT  TO  TAKE  WITH  YOU.  35 

List  of  Articles  Necessary  for  a  Complete 

Outfit 35 

Express  Company  to  Alaska 36 

How  to  Get  One's  Belongings   to    the 

Klondyke... , 37 

valuable  Hints  About  Supplies... 40 

The  Salt  of  the  Earth..... 41 


mmiw^mm 


TAJBLE  OF  CONTENTS. 

Page 

CHAP.  IV -THE  QUICKEST  ROUTES 42 

Approximate  Distances  to  Dawson  City 

(offloial) 42 

By  way  of  St.  Michael , 44 

Over  the  Chilkoot  Pass 45 

Over  the  White  Pass 46 

The  Stikeen  Route 47 

The  Overland  or  "Back  Door"  Route 

(with  Special  Map) 47 

A  Tramway  Over  the  Pass 51 

CHAP.  V- MINING  METHODS  AND  PRO- 
CESSES   52 

Placer  Mining 52 

The  Rooker  Replaces  the  Pan 54 

The  Sluicing  Process 55 

Winter  Mining 5« 

The  Old  Method 5t» 

The  New  Method 58 

OHAP.  VI-OANADIAN  CUSTOMS  DUTIES  59 

CHAP.  VII -GENERAL  INFORMATION 
ABOUT  GOLD  AND  SILVER  PRODUC- 
TION.  ,   63 

Gold  Production  in  America  (1896) 63 

The  Decrease  of  Silver  Value 63 

Cripple  Creek  District 64 

The  History  of  Nugrgets 65 

MINING  LAWS 66 

United  States  Laws  Now  in  Force 66 

U.  S.  Land  Office  Rules 87 

Canadian  Mining  Regulations 1 37 

Amendments  to  the  Canadian  Mining 
Regulations 149 

CALENDAR,  1897-98 151 

BLANKS  FOR  MONTHLY  ACCOUNTS 152 

MEMORANDUM  1  AGES 177 

MAP  OF  ALL  LEADING  ROUTES. 

7 


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CHAPTER  I. 


THE  STORY  OF  THE  DISCOVERY. 


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In  Juno,  1867,  hy  the  paynient  of  a  sum  of 
$7,200»000,  Russian  America  became  a  Territory 
of  the  United  States  under  the  name  of  Alaska. 
The  name  "Alaska"  is  a  corruption  of  Al-ay- 
ek-sa,  the  name  given  by  the  native  islanders  to 
the  mainland,  and  signifies  "great  country."  It 
contains  about  577,390  sqtiare  miles  of  terri- 
tory, or  is  nearly  one-fifth  as  large  as  all  the 
other  States  and  Territories  combined.  It  is 
larger  than  twelve  States  the  size  of  New  York. 
•  For  years  it  has  been  known  that  gold  existed 
there  in  large  quantities,  to  be  obtained  either 
by  placer  minln?  or  by  quartz  crushing;  A 
large  compa'^v,  the  Alaska- Ireadwell,  on  Doug- 
las Island,  opposite  Juneau,  has  been  working 
the  latter  process  with  undiminished  success. 

More  recently,  facts  have  come  to  light  that 
give  complete  evidence  of  enormous  deposits  of 
gold  along  the  upper  part  of  the  great  Yukon 
River  and  its  tributaries,  especially  the  Eiver 
Klondyke.  called  by  the  Indians  Thron-Diuok 
(river  of  big  fish),  the  name  of  which  has  become 
suddenly  so  popular. 

Boundary  Line. 

These  stream-g  all  flow  down  from  that  po:r- 
ti^n  of  tbe  Eocky  Mountains  that  rises  in  the 
Northwest  Territory  of  Canada.    The  present 

1) 


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10 


THE  STOBY  OF  THB  PI8C0VEBT. 


discoveries  which  have  caused  so  much  excite - 
ment  are  located  so  close  to  the  141st  degree  of 
west  longitude— which  forms  there  the  official 
boundary  between  the  American  and  British 
possessions— that  it  is  believed  by  many  that 
Dawson  City-  -the  new  mining  camp—and  the 
region  arounc?  it  belong,  by  rights,  to  Uiiole  Sam. 

Professor  George  Davidson,  for  many  years 
at  the  head  of  the  U.  S.  Government  Geodetic 
Survey  on  the  Pacific  coast,  has  made  the  fol- 
lowing statement  based  upon  his  own  invest! 
gations : 

/'Whatever  doubt  has  been  cast  upon  the 
position  of  the  whole  Klondyke  district  being  in 
British  Columbia  must  have  erisen  from  a  mis- 
understanding of  the  dispute  existing  upon  the 
proper  location  of  that  part  of  the  boundary  line 
lying  eastward  and  southward  of  Mount  St. 
Elias.  The  north  or  meridian  line  of  the  bound- 
ary has  been  accurately  determined.  The  latest 
information  places  the  independent  determina- 
tions of  this  meridian  made  by  the  two  govern- 
ments at  the  boundary  line  within  the  width  of 
an  average  sidewalk.  The  only  local  dispute 
that  could  possibly  arise  would  be  in  the  Forty- 
Mile  Creek  district,  because  the  boundary  line 
crosses  sharp,  steep  mountain  ridges  of  2,500 
and  3,000  feet  elevation,  and  inferior  instru- 
mencal  means  might  cause  a  slight  'loubt  as  to 
the  direction  in  some  instances.  However,  no 
dispute  has  arisen  in  the  district,  nor  Is  it  likely 
that  any  will  occur.  There  is  no  doubt  that  the 
line  has  been  satisfactorily  laid  down." 

We  may,  therefore,  accept  as  fixed  the  fact  of 
the  British  ownership  of  the  Klondyke  region; 
but  must  add  that  there  is  not  a  doubt  in  the 


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THIS  STORY  OF  THE  DISCCVEBY. 


11 


mind  of  any  mining:  expert  that  the  precious 
metal  is  to  be  found  at  an  early  date  on  Alaskan 
soil,  in  much  larfirer  quantities  than  disoovered 
until  now. 

U.  S.  Gh^Tcrnmant  Report. 

The  report  on  the  Yukon  gold  region  by  J.  E, 
Spurr,  the  geological  expert,  who  headed  a  party 
that  made  a  thorough  investigation  in  Alaska  in 
the  summer  of  7896.  giving  now  faots  about  the 
interior,  watt  made  public  Aug.  10.  1896.  It  said 
as  to  the  Forty  Mile  gold  district,  that  in  the 
latter  part  of  1887  Franklin  Gulch  was  struck 
*.ad  the  first  y^^ar  the  creek  is  estimated  to  have 
produced  $4,000.  Ever  since  It  has  been  a  con- 
stant payer.  The  character  of  t|ie  gold  there  is 
nuggety,  masses  of  $5  weight  being  very  com- 
mon. The  yield  of  the  first  year  after  the  dis- 
covery of  Forty  Mile  has  been  variously  estima- 
ted at  from  $75,000  to  $150,000,  but  $60,000 
|)robably  covers  the  production. 

#The  discovery  of  Davis  Greek  and  a  stampede 
from  Franklin  Gulch  followed  in  the  spring  of 
1888.  In  1891  gold  mining  in  the  interior  as  well 
as  on  the  coast,  at  Silver  Bow  Basin  and  Tread- 
well,  received  a  great  impetus.  The  ©vent  of 
1892  was  the  discovery  of  Miller  Creek.  la  the 
spring  of  1893  many  new  claims  were  staked  and 
it  is  estimated  that  eighty  men  took  out  $100,- 
000.  Since  then  Miller  Creek  has  been  the  heavi- 
est producer  of  the  Forly  Mile  district,  and  until 
recently  of  the  whole  Yukon.  Its  entire  ength 
lies  in  Bdtish  possessions.  The  output  for  1893, 
as  given  by  ihe  mint  director,  for  the  Alaskan 
creeks,  all  but  Miller  Creek  being  in  Ameri- 
can possessions,  was  $198,000,  with  a  mining 
iH>pulation  ori96. 


i 


12 


THIS  8T0BT  OF  THE  DI8C0VBBY. 


The  total  amount  produoed  by  the  Yukon 
placers  in  1895  was  double  that  of  the  previous 
year.  In  1896  the  output  had  doubled  again. 

Forty  Mile  district  in  the  summer  of  1896  is 
described  in  the  report  as  looking  as  if  it  had 
seen  its  best  days,  and  unless  several  now  creeks 
are  discovered  it  will  losf>  its  old  position. 

The  Birch  Creek  district  was  last  summer  in 
a  flourishing  condition.  Most  of  the  gulches 
were  then  running,  miners  were  working  on 
double  shifts,  nighi  and  day,  and  many  large 
profits  were  repc  ied.  On  Mastodon  Creek,  the 
best  producer,  over  thirty  miners  were  at  work, 
many  expecting  to  winter  in  the  gulchi  As  to 
hydrauiieking,  the  report  says:  **  Some  miners 
have  planned  to  work  this  and  other  good  ground 
supposed  to  exist  under  the  deep  covering  of 
moss  and  gravel  in  the  wide  valley  of  the  Mam- 
moth and  Crooked  Creeks  by  hydrauiieking,  the 
water  to  be  obtained  by  tapping  Miller  and  Mas- 
todon Creeks  near  the  head.  It  will  be  several 
years  before  the  scheme  can  be  operated,  be- 
cause both  of  the  present  gulches  are  paying 
well  and  will  continue  to  do  so  at  least  five 
years/' 

Following  is  the  report  on  the  Klondyke  dis- 
trict: 

"With  the  announcement  of  gold  here  in  the 
winter  of  1896-97,  there  was  a  genuine  stampede 
to  the  new  region.  Forty  Mile  was  almost  de- 
certed.  But  350  men  spent  the  winter  on  the 
Klondyke,  ii  gulcnes.  and  at  the  new  town  of 
Dawson.  The  more  important  parts  of  the  dis- 
trict are  on  Bonanza  and  El  Dorado  Creeks. 
According  to  the  latest  information  400  claims 
had  been  located  up  to  January  1, 1897;  about 


wmiimmmmmmmmmfm.-\iiuj.^.dii .. 


HWrJUiUPJiiiiipwi 


^» 


THE  STORY  OF  THE  DISCOVERY. 


13 


half  as  many  on  El  Dorado  Creek.  There  is  plenty 
of  room  for  many  more  prospectors  and  miners^ 
for  the  gulches  and  creeks  which  have  shown 
good  prospects  are  spread  over  an  area  of  700 
square  miles." 

The  estimated  Alaskan  gold  production  for 
1896.  made  by  the  Spurr  report,  is  $1,400,0«0; 
It  Is  expected  to  reach  $7,000,000  in  1897,  and 
probably  $15,000,000  or  more  in  1898. 

Where  the  Oold  Comes  From. 

In  another  official  report.  General  DufBeld, 
Superintendent  of  the  U.  S.  Coast  and  Geodetic 
Survey,  speaking  of  the  origin  of  all  this  placer 
gold,  said: 

"  The  gold  has  been  ground  out  of  the  quarts; 
by  the  pressure  of  the  glaciers,  which  lie  and 
move  along  the  courses  of  the  streams,  exerting 
a  tremendous  pressure.  This  force  is  present  to 
a  more  appreciable  extent  in  Alaska  than  else- 
where, and  I  believe  that,  as  a  consequence,  more 
placer  gold  will  be  found  in  that  region  than  in 
any  other  part  of  the  world."  He  added  that  the 
gold  hunters  on  the  American  side  of  the  line 
have  made  the  mistake  of  prospecting  the  large 
streams  instead  of  the  small  ones.  "  When  gold 
is  precipitated,"  he  said,  **  it  sinks.  It  does  not 
float  far  down  stream.  It  is,  therefore,  to  be 
looked  for  along  the  smaU  creeks  and  about  the 
headwaters  of  the  larcrer  tributaries  of  the  Yukon. 
There  is,"  he  added,  "no  reason  why  as  rich 
finds  may  not  be  made  on  the  American  side  of 
the  line  as  in  the  Klondyke  district." 

i'iually.  as  a  result  of  a  conference  between 
the  Secretary  of  the  Treasury  and  the  Director 
of  the  United  States  Mint,  it  was  decided  to  send 


4 


■ 

if 
ii 


It 


W^f^SmSBBBSBSm 


Tsmsi 


m^m 


14 


THE  STOBT  OP  THB  DISOOVBRY. 


a  mining  expert  into  the  Klondyke  country  next 
spring  to  make  an  estimate  as  to  the  probable 
amount  of  gold  in  this  region. 

In  reaching  this  oonoluslon  the  Treasury  De* 
partment  followed  the  precedent  established  in 
the  case  of  the  gold  discoveries  in  the  Rand, 
South  Africa.  When  those  discoveries  were 
reported,  the  Bothschilds  sent  Hamilton  Smith, 
of  New  York,  to  estimate  the  value  of  the  fields, 
and  he  reported  $3,000,000»000  as  his  estimate. 

Mining  experts  doubted  the  correctness  of 
Mr.  Smith's  conclusions  on  aeooiint  of  the  small- 
ness  of  the  space  occupied  by  the  m^nes,  and 
the  German  government  sent  Bergath  Schmeiser, 
a  noted  mining  engineer,  to  make  a  report.  The 
government  of  the  United  States  followed  Ger- 
many's example  by  sending  George  F.  Becker, 
Both  Schmeiser  and  Booker  agreed  with  the 
statement  of  Mr.  Smith,  and  developments  have 
6hown  that  all  three  were  right. 

McOormack,  the  Discoverer 

The  Klondyke  region  was  prospected  in 
18«6'87,  end  some  gold  taken  from  it,  causing  a 
mild  excitement  in  the  immediate  vicinity.  An 
Illinois  man  named  George  McCormack  married 
a  squaw  and  settled  in  the  country  in  1887;  his 
wife's  relatives  revealed  him  the  secret— gener- 
ally so  wel!  kept  by  the  Indians--of  large  de- 
posits of  gold,  and  in  1896  he  located  a  rich 
placer  on  Bonanza  Creek,  flowing  into  the 
Klondyke  stream,  and  with  primitive  appliances 
washed  out  $1,200  worth  of  gold  in  a  few  days. 

The  next  productive  creek  was  discovered 
and  named  El  Dorado  by  two  other  Americans— 
F.  W.  Cobb,  of  Massachusetts,  and  Frank  Phis- 


I 


A 


WfMMI 


THE  8T0BY  01'  THE  DISCOVKBY. 


15 


cator,  the  latter  from  Miohifran.  They  were  to- 
tally ine::perienced  in  the  mining  business,  and 
are  now  worth  millions.  , 

These  great  finds,  followed  by  many  similar 
ones  during  the  summer  of  1896  and  the  spring 
of  1897.  started  a  stampede  from  all  the  neigh- 
boring camps— Circle  City,  Forty  Mile,  etc«  ^ 

lyawsoxk  City  and  its  Founder. 

The  city  of  Dawson  was  patented  and  plat- 
ted in  September,  1896,  by  Mr.  Joseph  Ladue, 
and  had  soon  a  population  of  3»500  souia, 
increasing  now  at  the  rate  of  several  thou- 
sand a  month.  Its  founder  and  first  mayor 
was  born  in  Schuyler  Falls,  N.  Y.,  where  he 
worked  as  a  farm  hand  until  1882.  Then  he 
went  prospecting  for  gold  in  the  Black  Hills, 
made  money,  and  lost  it  in  speculation.  He 
drifted  to  Alaska  and  ran  a  saw-mill  and  general 
store  at  Sixty  Mile.  He  made  money  selling 
lumber  at  $100  a  thousand  feet,  although  he  had 
to  pay  $12  and  $15  a  day  for  help.  He  is  now  in 
New  York  and  has  capitalized  his  Klondyke 
holdings— mines  and  city  lots— for  $5,000,000, 
prominent  business  men  from  Canada  and  the 
United  States  constituting  his  board  of  di- 
rectors. 

The  "Tenderfoot's"  Country. 

Another  group  of  four  men— all  "tenderfeet" 
or  "chacoes,"  as  they  are  called  by  the  Indians, 
the  Stanleys  (father  and  son)  and  the  brothers 
Warden— started  from  Seattle,  where  they  had 
suffered  from  the  hard  times,  and  reached  Dyea 
in  April.  1896,  They  crossed  the  Chilkoot  Pass. 
carrying  their  own  pack,  and  after  many  perils 


SB 


16 


THE  STOBV  OF  THE  DISCOVEBY. 


a 


encountered  and  sufferings  endured,  located 
four  claims  on  the  El  Dorado  Croek.  From  twd 
of  these  claims  they  took  $112,000  in  1896  and 
the  spring  of  1897,  and  their  holdings  are  esti- 
mated to  be  worth  two  millions.  Some  of  their 
pans  yielded  as  high  as  $200  per  pan. 

Sometimes  miners  refuse  pay  for  their  work, 
but  will  accept  work  on  shares,  their  interest 


r 


Sluicing  for  Gold, 


in  the  gold  panned  that  day  to  be  settled  every 
night.  It  is  not  rare  to  see  such  "lays,"  as  they 
are  called,  produce  to  the  interested  miner  as 
high  as  $1,000  a  week. 

0.  ^.  Berry's  $2,000,000  Mines. 

The  next  in  order  among  the  brilliantly  suc- 
cessful discoverers  of  creeks  and  gulches  in  the 


! 


ip 


■■"^■■'■"''^Wllppllpl^plqw'p?'*^*?^'"^ 


THE  STORY  OF  THE  DISCOVEBY. 


17 


Elondyke  district  is  a  youn^  Californian,  Mr. 
Clarence  J.  Berry.  Poorly  successful  as  the 
owner  of  a  fruit  ranch  near  Fresno,  Gal.,  he  de- 
cided to  try  his  luck  on  the  Yukon.  He  reached 
Juneau  with  only  $60  in  his  pocket,  but  be^an 
undaunted  the  terrible  trip  over  the  Chilkoot 
Pass  and  the  series  of  lakes.  He  reached  Circle 
City  and  made  his  living  as  best  he  could  while 
looking  around  for  a  good  location.  In  the  fall 
of  1895  he  returned  home  almost  as  poor,  but 
with  greater  faith  than  ever  in  the  future  of  v.he 
district.  He  ^ntirried  on  the  strength  of  these 
hopes,  and  m  Ae  his  wedding  trip  to  Forty  Mile. 
In  September  the  news  of  the  McCormack  dis- 
coveries on  Bonanza  Creek  struck  the  Forty 
Mile  settlement,  and  he  located  a  claim  18»dOO 
feet  above  theflrst  and  original  discovery  point. 
He  struck  it  "rich"  at  once,  and  was  soon  able 
to  build  a  comfortable  home  for  his  wife  in 
Dawson  City,  the  new  camp.  He  secured  an- 
other claim,  this  time  on  El  Dorado  Creek,  and 
grew  rich  at  a  great  rate.  In  a  few  months  he 
took  out  $130,000,  paying  his  miners  $22,000 
out  of  the  amount.  During  the  winter  he  kept 
the  men  at  work  "burning"  and  throwing  the 
gravel  aside  to  be  "panned"  or  "slaiced"  in  the 
summer.  He  paid  each  of  them  $15  a  day  wages, 
and  settled  with  them  every  evening  by  just 
washing  a  panful  of  dirt  with  melted  snow. 
Whenever  his  wife  felt  like  increasing  her  pin- 
money,  she  just  went  to  one  of  the  gravel  heaps, 
took  out  a  panful,  washing  its  gold  and  keeping 
it.  She  soon  had  $10,000  made  that  way.  They 
came  home  in  the  suminer  of  1897,  and  Mr. 
Berry  was  offered  $2,000,000  for  his  holdings. 
It  is  said  that  he  has  accepted. 


iiHMHiMMHMMM 


immmmumMm 


wmm 


18 


THE  ST?ORY  OP  THE  DISCOVERT. 


More  Lucky  Finders. 

In  November,  1896,  Thomas  Flack,  William 
Sloan  and  a  man  by  tlie  name  of  Wilkinson  sunk 
a  hole  eigateen  feet  deep  in  El  Dorado  Creek, 
and  struck  a  four-foot  pay  streak  that  went  $5 
to  tho  pan,  or  $2.50  to  the  shovelful.  They 
shoveled  out  ton  after  ton  of  dirt  that  was  liter- 
ally filled  with  gold,  and  did  pot  know  it.  The 
news  of  the  new  strike  was  spread  out  ail  over 
the  Northwest,  and  not  only  prospectors  but 
practical  mining  men  came  to  the  diji-gings. 
Soiuo  capitalists  saw  tho  Flack  mine,  and  bought 
out  his  partners,  Sloan  and  Wilkinson,  for 
$50,000  each,  but  Flack  would  not  sell,  which 
proved  his  sense,  as  ihe  men  who  purchased  his 
partners'  interest  got  over  $50,000  each  out  of  the 
dump  that  the  trio  had  discarded  before  they 
struck  the  pay  streak  at  the  oigiiteen-foot  level. 

A  miner  by  the  name  of  Alex  MacDonald  took 
out  $94,000  from  a  forty-foot  patch  of  ground 
only  two  feet  thick.  He  employed  four  men 
to  do  the  work  and  consumed  but  twenty-eight 
days.  That  gravel  went  $250  to  the  pan,  and 
was  in  claim  No.  30,  Ei  Doradc  Creek. 

Different  men  have  cleaned  up  from  $175,000 
to  $50,000  in  fine  gold,  and  all  of  it  was  done 
during  throe  months  of  the  past  winter.  Out  of 
El  Dorado  Creek  alone  came  $4,000,000,  and  at 
least  $1.000, 000 from  Bonanza  Ci  eek.  How  much 
more  there  is  in  it  is  impossible  to  say,  but  to 
all  appearances  the  whole  district  is  full  of  gold 
waiting  to  be  taken  out. 

i    Surveying  the  Claims. 

Just  as  soon  as  the  rush  began  at  Bonanza 
Oreek    the   miners  called    a  meeiing,    and  in 


Mm 


THE  STORY  OF  THE  DISCOVEEY. 


19 


I. 


order  that  the  claims  bo  relocated  and  made 
sure  of,  it  was  decided  to  measure  them  all  off 
with  a  rope,  and  reset  the  stakes  that  defined 
them.  Somehow  or  other  the  men  selected 
to  make  the  measurements  slid  in  a  forty 
instead  of  a  fifty  foot  rope,  and  thus  made 
the  claims  from  fifty  to  one  hun-^  ed  feet  short 
in  the  totiil.  In  other  words,  they  were  con- 
densed, and  the  ground  left  out  was  literally 
grabbed.  This  state  of  affairs  incensed  the 
miners  so  that  when  they  made  the  discovery  of 
how  the  measurements  were  conducted,  they 
petitioned  the  Dominion  Land  Surveyor  to 
come  up  to  Bonanza  Creek  at  once  and  settle 
the  complications  that  were  arising.  He  re- 
surveyed  the  whole  group  of  claims  and  the 
matter  was  then  adjusted  to  the  satisfaction  of 
all  hands.  But  even  nuw  some  of  them  are  a 
little  short.  The  custom  in  talring  up  placer 
claims  is  to  locate  500  feet  the  way  the  valley 
lies,  and  then  run  ELcroi^s  from  base  to  base 
of  the  foothills.  la  the  Bonanza  Creek  it  Is  800 
feet  to  th(i  baso  lines. 

The  D(,^minion  Land  Surveyor  is  also  a  magis- 
trate, and  ha^  the  power  to  take  sworn  testi- 
mony, w'jiich  he  did  in  the  case  of  the  false 
mea«ureraents.  The  men  who  had  engaged  in 
the  work,  both  of  playing  short  rope  and  shift- 
ing stakes,  a  crime  punishable  by  seven  years 
in  the  penitentiary,  told  all  they  knew,  and 
clemency  was  shown  them,  owing  to  their 
greatly  excited  condition  at  the  time.  None  of 
them  were  prosecuted. 

The  Bark  Shadow  in  the  Picture. 

Now,  let  us  look  a  little  at  the  other  aide  of  the 


i^_g, 


i\Mmot 


igtamgmm^fmi 


wftim&>mfKimi>fifillfi'»»*'}<  M  <ii>.  mifmrnm- 


20 


THE  8T0BY  OF  THE  DI8C0VKBY, 


question,  quoting  letters  from  and  conversation 
with  competent  parties; 

H.  Dore,  Thomas  Moran,  and  Joe  Deorache,  of 
the  Klondyke  party,  came  to  Chicago  in  August, 
1897»  loaded  down  with  "  pay  dirt."  .  They  were 
going  to  their  homes,  near  Montreal,  Canada,  to 
spend  the  winter.  Dore  was  one  of  the  first  in 
on  the  Klondyke  discovery. 

'•I  left  Quebec  two  years  ago,**  said  he,  "and 
remained  at  Forty  Mile  Creek  all  winter.  There 
was  nothing  in  it  but  hard  work.  When  the 
Klondyke  was  discovered  I  abandoned  my  claim 
at  Forty  Mile  Creek,  and  was  one  of  the  first  to 
take  a  claim.  I  traded  in  my  Forty  Mile  Creek 
claim  for  a  third  interest  in  a  mine  at  Klondyke. 

**  I  worked  hard  all  last  winter  and  made  s  ^me 
money.  How  much  ?  Well,  I  do  not  believe  in 
saying.  i.ll  this  talk  about  gold  is  exciting  peo- 
ple to  a  frenzy,  and  I  consider  it  bad.  I  do  not 
know  how  it  is  going  to  end  unless  there  are 
more  discoveries,  Klondyke  will  support  about 
6,000  people.  I  expect  there  are  fully  10,000 
people  there  now,  I  fail  to  see  how  they  can  get 
along.  Of  course  Alaska  is  a  big  country.  It  has 
no.,  ^een  scratched  by  prospectors  yet.  Ther^ 
is  ro  in  for  a  population  of  3,000,000  people  if 
they  cr*n  find  additional  mines  and  get  food 
enough  up  there.  That  is  the  trouble.  There 
neviiT  has  been  enough  to  eat  for  the  people  who 
would  develop  the  country. 

Bich  Mines  in  Alaska  Also. 

"I  have  no  doubt  there  are  as  rich,  if  not 
richer,  mines  in  Alaska  than  what  have  been 
found.  But  the  flrst  thing  is  to  find  these  other 
localities.  That  is  what  the  people  who  go  there 


MkJlAkAdlMi^i 


U^m 


■■<^-^-^-    " 


PPI^  ""^l^^p^^^" 


THE  STOBY  Of  THE  filSCOVEBY, 


91 


..( 


next  summer  will  have  to  do.  There  is  no  room 
for  them  in  theKlondyke  iield.  But,  as  I  say. 
it  is  a  big  country  and  there  are  liable  to  be  some 
immense  finds.  Only  last  fall  Klondyke  was 
comparative  unknown.  There  was  some  gold 
found  on  the  surface  and  then  the  rush  began. 
Nothing  was  known  as  to  what  was  beneath 
until  along  in  the  winter, 

•'Yes,  I  shall  go  back  in  the  spring.  My 
friends  tell  about  the  same  story  as  my  self.  We 
all  have  made  some  money  and  are  going  to  take 
a  rest.  I  only  want  to  warn  people  about  rush- 
ing to  the  Klondyke  in  the  fall  of  the  year.  There 
is  noticing  in  it  and  they  will  be  stuck  at  the 
coast.  It  will  be  a  long,  dreai*y  winter,  and  many 
will  be  so  discouraged  that  they  will  turn  back 
in  the  spring." 

Here  is  another  unbiased  opinion  passed 
upon  the  same  subject: 

Beturning  with  Fnll  Hands. 

Charles  E.  Meyers,  who  disappeared  from  his 
home  in  Rockford,  111,,  twenty-oue  years  ago, 
returned  August  14,  1897,  bringing  a  fortune 
from  the  Klondyke  gold  fields. 

Meyers  went  to  Alaska  in  1 892,  shortly  before 
the  first  settlement  was  made  at  Circle  City. 
With  a  party  of  miners  he  pushed  eastward 
through  Chilkoot  Pass  and  reached  the  gold 
fields.  He  located  a  claim  on  Bonanza  Creek 
and  for  a  year  has  been  adding  to  his  hoard  of 
the  yellow  metal.  On  returning  to  the  States  a 
few  days  ago  he  brought  over  $100,000  and  will 
give  his  sisu-r  a  fortune. 

Meyers  s?  oke  entertainingly  of  Klondyke  and 
the  hardships  that  must  be  endured  there.    He 


immtmgtiimm^tgtuimmmMumMmmm^ 


'•"■■"— ■^'■**^***-''^ 


mmmmSlmi 


ipif^pppip^if? 


22  THE  STORY  OF  THE  DJSCOVEBY. 

said  that  hundreds  of  the  men  who  are  rushing 
to  that  country  now  must  perish.  Lack  of  food 
and  a  climatB  to  which  they  are  unused  wiU 
cause  their  death.    He  added: 

"  We  who  have  been  there  years  have  taken 
every  claim  that  has  been  found  that  promises 
to  pay  richly.  There  is,  of  course,  room  for  all 
who  go,  but  the  new  miner  will  find  the  summer 
almost  gone  before  he  can  reach  a  claim  that  will 
repay  working. 

"liie  hardships  of  the  Alaskan  winter  are 
indescribable,  and  any  man  who  can  make  a 
living  in  this  country  Is  a  fool  to  go  to  that  land 
of  cold  in  search  of  riches." 

In  appearance  Meyers  looked  the  typioal 
minor,  and  his  dress  indicated  the  land  whence 
he  came.  He  wore  a  nugget  worth  $150  as  a 
boutonniere,  and  his  watch  is  held  by  a  chain  of 
nuggets  worth  $500.  He  carries  dozens  of  small 
nuggets  anu  distributes  them  with  prodigal 
hand  among  his  old  friends. 

Meyers  is  a  man  of  unusual  intelligence  and 
intends  writing  a  series  of  articles  on  his  Alas- 
kan experiences.  He  w^ill  return  to  Circle  City 
next  year  to  engage  in  the  transportation  busi- 
ness, and  also  to  develop  by  proper  machinery 
a  rich  claim  he  has  located.  He  believes  the 
Alaskan  gold  fields  offer  unlimited  opportunity 
not  only  to  mining  companies  but  traders. 

A  Group  of  Fortunate  Ozies. 

Bight  lucky  discoverers  from  the  Klondyke 
were  registered  about  the  middle  of  ^August, 
1897.  at  the  Great  Northern  Hotel  and  Palmer 
Hov   *j,in  Chicago. 


^mm 


'.k 


:;"1 


■^^-m!l^rM!!^.t.^<t,:. 


laiMiiiiiiiMiiiiHi 


THE  STOBT  OP  THE  DISCOVEBT. 


23 


i 


I 


One  of  them,  Albert  D.  Grey,  of  Grand  Eapids. 
Wis.,  is  looked  upon  as  the <^ luckiest  man  in  the 
party.  A  year  ago  he  was  a  country  school 
teacher  in  a  Wisconsin  town.  Now  he  modestly 
estimates  the  value  of  his  holdings  in  the  Klon- 
dyke  district  at  $300,000,  but  he  admits  that 
amount  in  car»h  would  not  tempt  him  to  sell  out. 
His  friends  say  he  will  be  worth  a  million  when 
his  claims  are  worked  out. 

Mr.  Grey  is  22  years  old.  Last  year  he  started 
on  a  pleasure  trip  to  Juneau,  Alaska.  His  funds 
gave  out,  and  he  was  forced  to  go  to  work.  He 
joined  a  party  of  thirteen  "tenderfeet,*'  and 
went  up  the  Stikeen  River  and  helped  cut  a  new 
trail  to  Lake  Teslin. 

Before  the  lake  was  reached  eleven  of  the 
party  gave  up  in  disgust.  Grey  and  his  friend, 
William  Chappie,  were  left  aiono  with  less  than 
a  year's  provisions,  while  the  eleven  men  went 
back  to  Juneau  and  nearly  starved  there  during 
the  winter.  Grey  and  Chappie  pushed  on  to 
Lake  Teslin. 

The  two  determineJi  gold- seekers  built  a  raft 
of  logs  and  started  down  the  river.  They  left 
Juneau  in  June  and  arrived  at  the  mouth  of  the 
Klondy ke  in  October,  as  *'green'*  a  pair  of  boys  aa 
ever  found  their  way  into  a  strange  country. 

Mr,  Grey  said  Jlie  wealth  of  the  valley  has  not 
and  cannot  'be  exaggerated.  It  ii^  the  richest 
cbuntry  ijn  the  world,  he  believes,  and  there  is 
no  danger  of  the  gold  giving  out  for  ten  years, 
even  if  no  more  deposits  are  found. 

He  added,  that  the  climate  is  all  that  it  has 
been  represented.     '  .  ^ 


ttH 


mm 


^ 


^^ 


•ruigdii 


mm 


'mm^ 


24 


THE  STOEY  OF  THE  DISCOVBBT. 


The  long  line  up  the  Chilkoot  Pass, 


MiiiMttniiMiiaiiiiiii 


l.-» 


\l 


THB  STOBY  OF  THE  DISCOVERY. 


95 


A  Man  Who  Liked  the  Cold. 

It  was  72°  below  zero  last  winter/'  he  said, 
"but  I  did  not  lose  a  day's  work,  and  strange  as 
it  may  seem.  I  did  not  wear  a  coat  and  I  lived  in 
a  small  tent  all  winter.  I  wore  heavy  under- 
clothing and  thick  woolen  shirts.  I  was  out  of 
doors  half  the  time  when  at  work.  Instead  of 
boots  cr  shoes,  the  miners  wrap  their  feet  in 
heavy  stockings  and  pieces  of  blankets  two  feet 
square.    In  the  summer  rubber  boots  are  used. 

"The  cold,  though  intense,  is  not  so  bad  as  in 
Chicago  or  other  places  in  this  latitude.  The  air 
is  perfectly  dry  and  there  is  little  snow  and  no 
raiivin  the  interior, 

"I  have  never  been  sick  a  day  in  Alaska  and  I 
saw  all  the  hardships  possible.  We  nearly 
starved  last  winter.  Toward  spring,  belure  the 
new  supplies  arrived,  there  was  practically  noth- 
ing left  in  camp  but  navy  beans,  and  200  men 
lived  several  weeks  on  these  with  a  little  pop- 
corn which  we  ground  into  flour  in  small  coffee 
mills  and  managed  to  make  into  a  substitute 
lor  corn  meal. 

"The  transportation  companies,  which  have 
a  monopoly  of  the  food  supply,  have  literally 
robbed  the  miners,  if  high  prices  can  be 
called  by  siich  a  hard  name.  We  paid  $1.20  a 
pound  for  flour.  Five  pounds  of  lard  cost  $13, 
and  all  other  i>rice8  were  in  proportion.  Fresh 
meat  cost  $1  a  pound.  Wo  paid  $1.50  for  a  cup 
of  coffee  and  a  sandwich  up  to  the  time  we  left 
there  for  home. 

"Everyman  going  in  snould  take  provisions 
with  him  as  a  measure  of  economy,  if  not  of 
necessity.  Last  winter  200  men,  with  $1,000,000 


^^mi» 


wmm 


26  THE  STOBY  OF  THE  DISCOVERY. 

among  them,  came  within  an  ace  of  actual  starva- 
tion. The  little  food  was  common  property,  and 
I  never  itnew  of  a  miner  refusing  to  divide  with 
his  neighbor,  even  down  to  the  last  sacls:  of  flour. 
"There  will  be  lots  of  suffering  and,  perhaps, 
some  lawlessness.  The  old  prospectors  are  pre- 
paring for  and  predicting  a  hard  winter,  I  con- 
sider it  p.bsolutely  impossible  to  reach  the  Klon- 
dyko  after  September  1. 

Battles  with  the  Mosquitoes. 

"  Our  partV  started  in  June.  "We  went  up  the 
Stikeen  Eiver  and  were  nearly  driven  back  by 
mosquitoes.  The  half  has  never  been  told  of 
this  pest  in  Alaska.  I  have  seen  the  sun  almost 
darkened  by  mosquito  swarms,  and  once  our 
pack  train  was  stampeded  by  them  and  we  lost 
half  of  our  supplies. 

"On  the  way  down  the  Lewis  River  we  stop- 
ped several  times  to  fish  and  to  prospect.  Both 
Chappie  and  myself  were  green  at  prospecting, 
but  we  took  $500  out  of  the  bars  on  the  Hota- 
linqua  Biver  in  twenty  days  with  a  rocker  and 
gold  pan.  This  money  paid  for  our  grub  stake. 
We  heard  nothing  of  the  Klondyke  strike  until 
we  reached  the  Oassiar  Bar,  where  we  met  two 
men  coming  out  who  told  us  the  news. 

"We  pulled  up  and  started  as  quickly  as  pos- 
pible.  We  arrived  in  October,  after  all  the  good 
claims  were  staked. 

"We  first  started  to  build  a  cabin,  but  before 
it  was  done  we  got  a  ohano^  to  work  a  claim  on 
shares.  This  gave  each  of  us  one -fourth  interest 
tn  the  output.  We  took  out  $80,000  in  thirty 
days  from  Claim  30  on  El  Dorado  Creek,  and 


y^ 


iii 


■miiii 


■miia 


THE  STOBY  OF  THE  DISCOVERY. 


27 


^£2,000  in  twenty  clays  from  36  El  Dorado.  T 
am  now  interested  in  HO  El  Dorado,  27  Hunker, 
3A  Hunker,  8A  iionanza,  50  bolow  discovery 
Bonanza,  and  No.  1  Guy  Gulch.  All  are  rich,, 
and  among  the  beft^.  in  the  district. " 


THE  SONG  OF  THE  KLONDYKE. 


All  you  miners,  wide  awake ! 
(Go  to  the  Klondyke;  malce  your  tstake. 
G«t  out  your  pick,  your  pan,  your  pack, 
Go  to  the  Klondyke;  d^n't  oome  back. 
Ho,  for  the  Klondyke,  ho ! 

There's  ffold  enough  for  you  and  me, 
On  the  hil!  and  the  plain,  wherever  you  be; 
And  it's  3'ellow  and  rich,  and  heavy  as  lead, 
But  half  of  (he  truth  has  never  been  said. 
}Io,  for  the  Klondyke,  ho ! 

No  man  there  has  ever  been  broke, 
And  there's  g:old  enough  for  the  Wi)m«n  folk; 
And  the  nights  are  short  when  the  daya  are  long; 
So  pack  your  tools  and  sing  this  song : 
Ho,  for  the  Klondyke,  ho ! 


CHORUS. 

Ho,  for  the  Klondyke, 
Ho,  for  the  KlondyKe, 
Ho,  for  the  Klondyke,  ho! 

Put  on  your  pack 

And  don't  come  back 

Till  you  All  your  sack 

On  the  Northwest  track. 

Ho,  ho,  for  the  Klondyke,  hot 


CHAPTER  IT. 


WHO  OUGHT  TO  GO   TO  THE  ^ 

KLONDYKE. 


Medical  Advice  and  How  to  Avoid  Hardships. 


To  give  absolutely  safe  medical  advice  on  the 
subject  of  who  should  and  who  should  not  go  to 
the  Klondyko  is  a  hard  task.  The  common  talk 
about  the  fatal  effects  of  arctic  cold  may  be  dis- 
counted largely.  Man—especially  man  reared  in 
the  temperate  zone  -has  the  power  of  assimi- 
lating himself  with  climatic  changes  more  than 
any  other  mammal.  Changes  from  hot  to  cold, 
from  moist  to  dry.  from  high  altitudes  to  sea 
coast,  and  the  reverse,  are  found  beneficial  in 
indiviaual  cases  in  the  highest  degiee. 

For  many  constitutions  the  bracing  <  ffect  of 
a  trip  to  Northern  latitudes  is  positiveh  benefi- 
cial. Snow  and  ice  are  not  in  themselves  by  any 
means  injurious  to  the  physical  health  of  the 
Average  native  of  the  temperate  zone,  unless  the 
soil  of  thw  district  where  they  occur  is  of  a  nature 
to  retain  dampness.  Clays  are  bad  in  this  re- 
spect ;  gravelly  soils  are  safe. 

Scientific  records  have  well  established  that 
the  average  duration  of  h\iman  life  is  greater 
In  proportion  as  the  residence  is  advanced  from 
the  equator  toward  the  poles.  There  is  more  risk 


'lSSMt^^Js^;:Mmsmmmmm 


28 


iiiiiMiiiiiiiMiiiiM 


igjigm^iM| 


mgu 


nmiittiiiiiWniiJii 


. 


«««W"<IB«« 


-  mmmmm 


CTLIMATE,  MEDKUL  ADVICE,  ETC. 


29 


of  disease  in  a  voyage  to  India  or  Panama  than 
in  one  to  Bering  Straits. 

Climate,  however,  is  not  tlie  only  thing  to  bo 
oonsidered  when  there  is  question,  in  a  medical 
sense,  of  the  risks  of  a  distant  and  laborious  ex- 
pedition, undertaken  by  a  multitude  of  persons 
widely  'iillering  in  the  capacity  of  individuals 
for  enaurlng  hardship  and  privations. 

Men  should  be  sober,  strong  and  healthy. 
They  should  be  practical  men,  able  to  adapt 
themselves  auickly  to  their  surroundings.  It  is 
also  very  important  to  consider  their  temper- 
aments. Men  should  be  of  cheerful,  'hopeful  dis- 
positions and  willing  workers.  Those  of  sul- 
len, morose  natures,  although  they  may  be  good 
workers,  are  very  apt,  as  soon  as  the  novelty  of 
the  country  wears  off,  to  become  dissatisfied, 
pessimistic  and  melancholy. 

To  the  weak,  or  those  disposed  to  special 
ailments,  conditions  which  are  only  invigorating 
to  the  man  in  average  health  are  often  absolutely 
fatal.  Weak  hearts  and  weak  lungs  cannot  face 
Northern  blasts  or  temperatures  below  zero. 
Rheumatism  and  its  kindred  aflections  are 
equally  ill-fitted  for  such  tests.  Nor  are  such 
persons,  whether  young  or  old,  as  have  been 
long  accustomed  to  purely  sedentary  occupa- 
tions or  to  lives  of  ease,  physically  fitted  for  the 
hardships  of  the  Klondyke.  Weak  eyes  would  bo 
severely  tested  by  the  glare  of  a  snow-covered 
land,  and  blindness  is  but  one  of  the  dangers  to 
be  feared  by  arctic  explorers. 

In  brief,  I  would  say  that  persons  subject  to 
troubles  of  the  heart,  throat,  or  lungs,  should 
stay  away  from  the  Klondyke.  Physical  exhaus- 
tion, oolds,  scurvy,  rheumatism,  and  snow  blind - 


m 


Mil 


IPMHMMI 


30  CLIMATE,  MEDICAL  ADVICE,  STC. 

ne«s  are  the  chlof  dangers  to  be  apprehended  on 
the  trip  from  a  medical  standpoint.  For  the 
healthy,  in  other  respects  than  those  mentioned 
there  is  no  more  danger  to  be  dreaded  than  in 
any  ordinary  change  of  residence.  Alaska  is  not 
more  unhealthful  in  itself  than  Norway,  or  the 
northern  parts  of  Scotland.  Only  those  that  are 
able  to  bear  htodships  should  face  them,  but  as 
far  as  hygienic  conditions  go,  there  need  be  no 
special  appx'ehcnsion  on  the  score  of  Alaska.  In 
conclusion,  I  would  say  to  those  of  weak  Inngs 
and  weak  hearts,  and  sedentary  people  gener- 
ally, stay  at  home.  The  others  may  balance 
their  chances  without  need  of  doctors'  advi  'e. 

A  Modol  Medicine  Chest. 

We  would  advise  all  persons  who  contemplate 
going  to  the  Klond>  ke  region  to  include  in  their 
out/its  a  medicine  [chest  containing  the  follow- 
ing drugs,  the  cost  of  which  should  be  within  $10: 

Quinine  pills ,.  „ 50 

Comi)Ound  cathartic  pills , 50 

Aoetanilid  tablets . 3  dozen 

Chlorate  potash 1  box 

Mustard  plasters 6 

Belladonna  plasters 6 

Carbolic  salve 4  ounces 

Chloroform  liniment 8  ounces 

Wit^h  hazel... 1  pint 

Essence  ginger 4  ounces 

Paregoric... 4  ounces 

Laudanum , 1  ounce 

I^^^i^ajc 4  ounces 

Tincture  iodine 1  ounce 

Spirit&of  nitre 2  ounces 

Tincture  of  iron 1  ounce 


m 


CLIMATE,  MEDICAL  ADVICE,  ETC. 


31 


Oough  mixture 8  ounoes 

Toothache  drops 1  bottle 

Vaseline 1  bottio 

Iodoform 2  drams 

Lint 2  y  ards 

Assorted  bandages ; ^2  dozen 

Rubber  adhesive  plasters 2  feet 

Absorbent  cotton 4  ounces 

Mousell's  salts  for  hemorrhages— In  quantities 
in  accordance  with  the  ^  erson's  liability  to  at- 
tacktf  of  the  trouble. 

The  Climate. 

fl''BOM  OFFICIAL  KEPOBTS.] 

Tlie  climate  of  the  Interior,  including  in  that 
designation  practically  all  of  the  country  except 
a  narrow  fringe  of  coast  margin  and  the  ter- 
ritory before  referred  to  as  temperate  Alaska,  is 
one  of  extreme  rigor  in  winter,  with  a  short  but 
relatively  hot  summer,  especially  when  the  sky 
is  free  from  cloud. 

In  the  Klondyke  region  in  midwinter  the 
sunrises  from  9:30  to  10a.m.  and  sets  from  2 
to  3  p.  m.,  the  total  length  of  daylight  being 
about  four  hours.  Remembering  that  the  suu 
rises  but  a  few  degrees  above  the  horizon  and 
that  it  is  wholly  obscured  on  a  great  many  days, 
the  character  of  the  winter  mouths  may  easily 
be  imagined.  The  United  States  coast  and  geo- 
detic survey  published  a  series  of  six  months' 
observations  on  the  Yukon',  not  far  from  the 
site  of  the  present  gold  discoveries.  They  were 
made  with  standard  instruments  and  are  wholly 
reliable. 

The  mean  temperatures  of  the  months  from 
October,  1889,  to  April.  1890,  both  inclusive, 
were  as  follows : 


ammm 


m^mm 


mnw 


w 


•WP 


82 


CLIMATE,  MEDICAL  ADVICE,  ETC. 


October,  33  degrees;  November.  3  degrees; 
December,  11  degrees  below  zero;  January,  17 
below  zero;  February.  15  below  zero;  March, 
6  above;  April,  20  above.  The  daily  mean  tem- 
perature fell  and  remained  below  the  freezing 
point  (32  degrees)  from  November  4,  1889,  to 
April  21.  1890,  thus  Riving  168  days  as  the 
length  of  the  olosed  season  of  1889-90,  assuming 
that  outdoor  operations  are  controlled  by  tem- 
perature only.  The  lowest  temperatures  regis- 
tered during  the  winter  were  32  degrrees  below 
zero  in  November,  47  below  in  December,  59 
below  in  January,  65  below :  n  February,  45 below 
in  March,  and  26  below  iv.  April.  The  greatest 
ocntinuous  cold  ooourrad  in  February,  1890, 
when  the  daily  mean  far  five  consecutive  days 
was  47  degrees  below  zero. 

"Greater  cold  than  that  here  noted  has  been 
experienced  in  the  TJaited  States  for  a  very  short 
time,  but  never  has  it  continued  so  very  cold  for 
so  long  a  time.  In  the  interior  of  Alaska,  the 
winter  sets  iix  as  early  as  September,  when 
snowstorms  may  be  expected  in  the  mountains 
and  passes.  Headway  during  one  of  those 
storms  is  impossible,  and  the  traveler  who  is 
overtaken  by  one  of  them  is  fortunate  if  he  es- 
capes with  his  life.  Snowstorms  of  great  se- 
verity may  occur  in  any  month  from  September 
to  May,  inclusive. 

"The  changes  of  temperature  from  winter  to 
Bummer  are  rapid,  owing  to  the  great  Increase 
in  the  length  of  the  day.  In  May  the  sun  rises 
at  about  3  a.  m.  and  sets  about  9  p.  m.  In  June 
itrlsps  at  1:30  o'clock  in  the  morning  and  sets 
at  about  10:30  o'clock,  giving  about  twenty 
hours  of  daylight  and  dixf'ise  twiUght  the  re- 


i 


61 


''"'>-''V"'>iif>ilMriP_'.-''^»at*-Ai_*! 


^gigHlgll 


.....^.^..^^..^ M.-^.. 


lllMk4j4k.'< 


une 

1 

sets 
nty 

re- 

lE«in«"(Huviippppm.W9 


139'iO 


fe*..^ 


.^3-i 


liiiiiiiliiiiimiliiiiilii'ilfri 


mmm 


'l 


CLIMATE,  MKDICAl.  ADVICE,  ETC.  33 

mainder  of  the  time.  The  mean  summer  tem- 
perature in  the  interior  doubtless  pangos  be- 
tween 60  and  70  legrees,  according  to  elevation, 
being  higher «  in  the  middle  and  lower  Yukon 
valleys.*' 

Life  Insuraii06  Bisks. 

I  ife  insurance  companies  in  the  United  States 
^  %>/nsider  the  uncertain  conditions  of  the  Klon- 
dyke  regions  so  endangering  to  health  that  they 
have  warned  their  agents  against  insuring  any 
one  bound  for  the  gold  fields  in  the  land  of  the 
midday  night.  fi 

'  One  man  was  heard  to  express  the  situation 
like  this :  "  If  I  get  to  the  Klondyke  and  make  a 
stake,  I  will  have  money  to  burn  and  the  insur- 
ance will  be  easy.  If  I  don't  pull  a  big  thing  out 
of  the  i-  ;';nd  out  there  I  wiii  never  show  up 
again  ^h;^  ^^'11  make  a  winner  on  the  life  insur- 
ance. V    {? 

Xfie  In  V  York  Life  Insurance  company  was 
the  first  to  realize  the  situation,  and  soon  all 
the  regular  companies'  agents  began  to  ask 
applicants:    "  Are  you  going  to  the  Klondyke?" 

The  Equitable  Life  Assurance  company  is 
said  to  be  contemplating  fixing  an  extra  rate  of 
insu  nee  for  Alaska  gold  hunters.  When  Prof. 
Chfc  .  -  Tlaln  made  his  arctic  trip  he  secured 
insuii,  sfi  t»y  paying  $5  to  a  $1,000  risk  more 
than  the  regulai  rate,  and  this  added  amount 
may  be  adopted  ty  the  Equitable  company,  but 
the  local  agents  have  not  yet  received  official 
f     information  to  that  effect. 

Owing  to  the  incontestable  features  of  most 
of  the  insurance  policies  sold  in  recent  years  the 
insurance  companies  cannot  void  a  policy  that 


">">i«P*nnfK>"'><lf<ipPWwl*'" 


■vwiiuvimniaiH 


WMUiaiuKviuMniu'tLVmKiMU.ii.BrrT-. 


^=rr:B35 


34 


CLIltfATE.  MEDICAL  ADVICE,  ETC. 


has  been  in  operation  one  or  more  years.  There 
are,  however,  certain  policies  that  fix  restric- 
tions regarding  travel  and  occupation,  and  such 
policies  will  doubtless  be  forfeited  if  the  holders 
undertake  a  trip  U  the  northland  gold  regions. 

Owing  to  the  Wa  /  ead  attempt  on  the  part 
of  gold-seekers  to  pi  ct  their  families  by  life 
insurance,  the  companies  ai*e  on  the  alert  to 
discover  efforts  at  deceit,  and  notice  has  beer 
given  that  all  policies  taken  out  by  persons 
who  soon  after  leave  for  the  Klondyke  or  Alaska 
gold  fields  will  be  cancelled  on  the  ground  of 
attempted  fraud. 


[| 


^^^' 


JUafting  over  the  lu/am. 


^:7?*r?^u.  ^Mjf*^.usA\'.  .^  uu»*»^'->i»*^.-*t*ni^»4>»*i<tf»?^ 


I5W"*'*H^^W''W^''t'*''^  * 


CHAPTER  III. 


>!1 


WHAT  TO  TAKE  WITH  YOU. 


List  of  Articles  Necessary  for  ^  Complete  Out- 
fit for  a  Klondyke  Expedition. 

—  Weight. 

Lbs.       Cost. 


Articles. 
Clothing „ 65 

Two  suits  heavy  und^^rwear.  6 
pairs  heavy  woolen  stockings,  2 
pairs  blanket  lined  mittens,  1 
heavy  mackinaw  coat,  2  pairs 
mackinaw  troupers,  2  dark  wool- 
en overshirts,  1  heavy  sweater,  1 
heavy  rubber  lined  top  coat,  2 
pairs  heavy  rubber  boots,  or  arc- 
tic overshoes  with  felt  leggins, 
2  pairs  shoes,  1  Canadian  snow- 
shoeing  cap,  I  pair  extra  heavy 
blankets,  1  suit  oil  clothing.  2 
pairs  overalls,  needles,  thread, 
beeswax,  and  towels. 

Qrocories  , 590 

Three  hundred  and  fifty  pounds 
of  flour,  150  pounds  of  bacon,  50 
pounds  of  beans,  10  pounds  of 
tea,  5  pounds  of  baking  powder, 
60  pounds  of  salt,  25  pounds  dried 
fruit,  25  pounds  of  desiccated  veg- 
etables, 5  pounds  of  soap,  1  tin  of 
matches,  ^2  pound  of  saccharine. 

35 


$75 


50 


fmm 


wmmmm 


B?5RRS555PSSi»R'!^^ 


36 


OUTFIT  AND  TBANSPORTATIv'iN. 


ii 


$50 


29 


20 


Hardware '^^ 

One  long-handled  shovel.  1  pick, 

1  ax.  5  pound. ^  of  wire  nails,  5 

pounds  of  pitch,  3  pounds  of  oak- 
um, 2  large  files,  hammer,  brace- 

and-bit.  large  whipsaw,  150  feet 

Ss-inch  rope,  drawknife,   chise!, 

scythe,  stone,  shaving  outfit, 

cooking  uteneils,  2  buckets,  and 

gold  pan. 
Armament 40 

One  repeating  rifle,  40-82,  with 

reloading  tools  and  100  rounds  of 

brass-shell   cartridges.    2    large 

hunting  knife,  and  an  assortment 

of  fishing  tackle. 
Camping  outfit 30 

One  heavy  canvas  tent,  8x10.  1 

heavy  canvas  sleeping  bag,  1 

sheet-iron  stove,  made  in  col- 
lapsible form,  and  with  telescopic 

pipe;  guy  and  peg  ropes  for  tent. 

Totals 795        $224 

Cost  and  weight  of  outfit  and  expense  of 
transportation  can  bo  materially  reduced  by 
prospectors  traveling  in  groups  of  three  or  four, 
as  one  camping,  hardware,  and  armament  rig 
will  answer  for  two  men.  In  traveling  by 
steamer  or  rail,  1 50  pounds  of  baggage  is  checked 
free  for  each  passenger. 

An  Express  Company  to  Alaska  Ports. 

The  Alaskan  Pacific  Express  Company  was 
organized  in  August.  1897,  to  transport  mer- 
chandise, money,  and  valuables  to  and  from 


1 


■MMBMMHM 


7:n3:?rT::!;T5SEsr::nrrr!n:^^ 


OUTFIT  AND  TRANSPOBTATION. 


37 


^ 


points  touched  by  the  company's  steamers  In 
Alaska,  particularly  between  Tacoma,  Seattle, 
and  Port  Townsend,  and  Dyea,  Juneau,  Bitka, 
Skagaway,  Wrangeli,  and  intermediate  points. 

How  to  Get  Tour  Belongrings  to  the 
Klondyke  Region. 

From  San  Francisco  or  Seattle  to  St.  Michaels 
or  Dyea  by  sea,  above  200  pounds,  which  go 
free,  the  steamship  companies  charge  10  cents  a 
pound,  and  refuse  to  accept  more  than  1,000 
pounds  per  passenger.  These  rates,  of  course, 
may  come  down  when  more  steamers  are  placed 
on  the  route  to  the  new  gold  fields. 

Over  the  St,  Michael's  all  water  route,  the 
Alaska  and  the  North  American  companies  take 
care  of  the  baggage  and  freight  up  to  Dawson 
City,  that  is  during  the  short  summer  season- 
Juno  to  September— when  navigation  over  the 
Yukon  river  is  opened. 

Passengers  over  the  Dyea  inlet  anr*  the  moun- 
tain passes  have  to  take  full  charge  of  their 
belongings  from  the  moment  the  steamer  reach^^s 
the  harbor,  which  is  practically  no  harbor  at  all. 
The  vessel  anchors  quite  a  distance  from  land, 
and  arrangements  must  be  made  at  very  high 
prices  for  transporting  the  goods  in  canoes  from 
the  steamer  to  **  terra  flrma.'  Surveyor  Ogilvie 
says  about  the  Alaska  Indians,  whose  exactions 
are  to  be  met  at  every  corner  the  moment  Alaska 
is  reached: 

"  These  Indians  are  perfectly  heartless.  They 
will  not  render  even  the  smallest  aid  to  each 
other  without  payment ;  and  if  not  to  each  other, 
much  less  to  a  white  man.    I  got  one  of  them. 


i^.^mtM'  .'*i'.*'<*»-;*lSk««fcH»! 


r?«l)«y.W>*<*«.<j»»»:i.<>^*(,fj  l,.**  <1  (; 


i; 


38 


OUTFIT  AND  TRANSPORTATION. 


whom  I  had  previously  assisted  with  his  pack, 
to  talce  me  and  two  of  my  party  over  a  small 
creek  in  his  canoe.  After  putting  us  across  he 
asked  for  money,  and  I  gave  him  half  a  dollar. 
Another  man  stepped  up  and  demanded  pay, 
stating  that  the  canoe  was  his.    To  see  what  the 


dd 


Ove^r  the  White  Pass, 


result  would  be,  I  gave  to  him  the  same  amount 
as  to  the  first.  Immediately  there  were  three  or 
four  more  claimants  for  the  canoe.  I  dismissed 
them  with  a  blessing,  and  made  up  my  mind 
that  I  would  wade  the  next  creek." 


Bii 


Mil 


mmi 


Rj:?sa5r?wnrmj3ST=sn:xsiT5S3S 


^ 


OUTFIT  AND  TRANSPOBTATION. 


39 


At  the  writing  of  this  book  the  Indians  were 
obtaining  from  18  to  25  cents  a  pound  for  carry- 
ing miners*  supplies  over  the  Chilkoot  Pass. 
There  were  not  enough  horses  or  Indians  to 
carry  over  one-tenth  part  of  the  accumulated 
goods. 

Once  on  the  other  side  of  the  mountains,  Lake 
Lindeman  is  reached,  and  a  boat  and  a  raft 
have  to  be  purchased  or  built  to  be  used  for  the 
rest  of  the  trip.  In  August.  1897,  lumber  was 
sold  by  the  small  ^aw-mill  in  operation  there  at 
the  rate  of  $150  per  thousand  feet.  Boats  were 
not  to  be  had  at  any  price;  and.  as  a  rule,  the 
travelers  have  got  to  do  their  own  ship-building 
and  carpentering.  In  fact,  people,  to  save  time, 
should  take  their  boats  with  them  from  San 
Francisco  or  Seattle.  A  knock-down  boat  that 
will  carry  a  ton  eostb  about  $18  and  weighs 
about  200  pounds.  It  is  taken  apart,  with  no 
pieces  more  than  six  or  seven  feet  long,  and 
packed  for  shipping.  The  principal  objection  to 
them  is  that  the  Indians  and  packers  dislike  to 
contract  to  carry  them  over  the  mountains  on 
account  of  their  awkward  shape.  One  builder 
has  worked  out  a  model  for  a  galvanized  iron 
boat  that  can  be  carried  in  sections  fitting  to- 
gether like  a  "nest"  of  custard  dishes,  and  can 
be  put  together  with  small  bolts.  A  canvas 
folding  boat  that  will  carry  two  tons  and  is  con- 
structed on  good  lines  would  be  very  available 
for  the  rivers  and  lakes.  A  keel,  mast,  and  some 
additional  bracing  could  be  added  after  reaching 
the  interior. 


wm 


Kimm^m^ 


»•«»«<*<*«'»«♦'<"•"■ 


40 


OUTFIT  AND  TEANSPOBTATION. 


Valuable  Hints  About  SuppUes. 

P.  S.  Ruokraan,  of  Chicago,  who  has  spent 
several  years  in  the  Klondyke  distrlot.  predicted 
an  abundance  of  hardship  and  privation,  not  to 
mention  sickness  that  may  befall  the  seeker 
after  gold  who  goes  to  Alaska  equipped  as  some 
have  recommended. 
He  said: 

••  Having  spent  several  years  in  Alaska,  I  want 
to  warn  those  who  contemplate  going  there 
against  the  imaginative  estimates  of  the  amount 
of  food  one  should  take  into  the  country  for  a 
year's  tour.  I  have  been  shown  a  recommenda- 
tion like  this :  250  pounds  of  flour,  150  pounds 
of  bacon.  100  pounds  of  beans,  10  pounds  of  tea, 
10  pounds  of  bakinj^r  powder,  5  pounds  of  salt, 
etc.  Now  we  will  say  that  with  100  pounds  of 
oornmeal  250  pounds  of  flour  would  be  suflBloient 
for  a  year,  but  when  they  say  10  pounds  of  bak- 
ing powder  and  5  pounds  of  salt  there  is  some- 
thing wrong.  Ask  any  housewife  how  much 
baking  powder  she  uses  to  250i>ounds  of  flour. 
She  will  tell  you  about  a  pound  to  every  100 
pounds  of  flour.  And  as  for  salt,  why,  one  would 
use  five  pounds  to  salt  down  the  hind  quarters 
of  a  moose  or  caribou.  To  be, without  salt  would 
be  as  faUil  as  to  be  without  food.  Salt  Is  as 
essential  as  flour,  if  not  more  so,  and  any  one 
who  goes  to  Alaska,  should  figure  on  at  least 
three  pounds  a  week.  That  is  about  100  to  150 
pounds  a  year. 

•*Now,  100  pounds  of  beans  is  about  equal  to 
about  100  quarts,  and  100  quarts  for  one  person 
should  last,  provided  he  eat  them  twice  a  day, 
about  800  days,  or  more  than  two  years,  while 
his  flour  would  last  him  250  days.   Ten  pounds 


mt^ 


mMi 


IMBi 


mam 


mmtmmm^m 


TTrrrr 


' '  ^Mmre'^^^^^fi^^r'^^"' 


OUTFIT  AND  TRANSPORTATION. 


41 


of  tea  would  lasthlra  20  months,  and  10  pounds 
,         of  soap  would  last  him  a  lifetime,  as  miners  use 

I  sand  i  a  place  of  soap. 

*  **  Forty  feet  of  flve-inch  ropo  is  also  specified, 

which  ishardly  sufficient  to  tie  a  couple  of  knots. 
J       If  one  was  in  the  midst  of  a  current  that  required 
I       an  anchor  tlfty  feet  would  hardly  be  enough;  350 
I       feet  w  ould  be  nearer  a  prospector's  line.    Fifty 
feet  might  make  a  good  wliip,  but  not  a  lino  for 

I I  a  Yukoner.    They  fui  ther  describe  a  heavy  can- 
I  f       vas  sleeping  bag,  which  I  have  never  seen,  a 

common  tarpaulin  having  always  answered  for 
a  bed  when  laid  over  spruce  or  tamarack  boughs. 
Still  people  read  with  interest  these  illusive 
revised  lists  of  outfits,  little  dreaming  of  the 
trouble  they  will  bring." 

The  Salt  of  the  Earth. 

Just  how  valuable  salt  sometimes  becomes  in 
the  gold  fields  is  iJUistrated  in  a  story  told  by  a 
miner  who  lately  returned  from  there.  His 
party  ran  out  of  that  useful  article,  and  it 
seemed  that  they  would  die  without  it.  They 
came  across  another  party  that  had  salt,  but  re- 
fused to  part  with  it.  A  pitched  battle  was 
about  to  begin  for  possession  of  the  salt,  when 
some  one  suggested  that  those  who  owned  the 
salt  were  not  overly  flush  with  gold  dust,  while 
those  who  had  no  salt  had  plenty  of  gold.  It 
was  then  arranged  thj^it  gold  should  be  weighed 
against  the  salt,  and  this  was  done. 


^ 


mm 


•ji'ti 


CHAPTER  IV. 


I 


THE  QUICKEST  ROUTES. 

Approximate  Distances  to  Dawson  City. 

[FBOM  CANADIAN    GOVERNMENT  DATA] 
VIA  ST.  MICHAEL. 

Miles. 

San  Francisco  to  Dutchi  Harbor 2,400 

Seattle  or  Victoria  to  Dutcti  Harbor. . . .        2,000 

Dutch  Ha,rbor  to  St.  Michael 750 

St.  Michael  to  Dawson  City 1.600 

VIA  DYEA  INLET  AND  CHILKOOT  PASS,  OE 
8KAGAW  AY  AND  WHITE  PASS. 

Seattle  or  Victoria  to  Dyea  or  Skagaway        1,000 
Dyea  or  Skagaway  to  Dawson  City 575 

VIA  STIKEBN  KIVEB. 

Seattle  or  Victoria  to  Wrangell 750 

Wrangell  to  Telegraph  Creek 150 

Telegraph  Creek  to  Teslin  Lake 150 

Teslin  Lake  to  Dawson  City 600 

DISTANCES  FBOM  HEAD  OF  DYEA  INLET. 

Head  of  canoe  navigation,  Dyea  inlet..  5.90 

Forks  of  Dyea  River.. 8.3S 

Summit  of  Dyea  Pass 14.76 

Landing  at  La  ke  Lin  deman 23.06 

Foot  of  Lake  Lindeman 27.49 

Head  of  Lake  Bennett 28.09 

42 


750 
150 
150 
600 


MilKfBWMW 


THE  QUICKEST  BOUTSS. 


vmsmwamm. 


4» 


aHHH5»«»-J»i^^:'^*r-"-^^ -  JUijJL,ii..... 


mum 


44  THE  QUTCKE8T  B0UTE8. 

Foot  of  Lake  Benn«?tt 53.85 

Foot  of  Caribou  Cro'^isiag:  (Lako  Nares)  56.44 

Foot  of  Tagish  Lake 73.25 

Head  of  Marsh  Lake 78.15 

Foot  of  Mersh  Lake 97.21 

Head  of  Canon 122.94 

Foot  of  Canon 123.56 

Head  of  White  Horse  Rapids 124.95 

Foct  of  White  Horse  Ilapids 125.33 

Tahkeena  River 139.92 

Head  of  Lake  Leba'-ge 153.07 

Foot  of  Lake  Le barge 184.22 

Teslintoo  River 215.88 

BigSaimon  River 249.33 

Little  Salmon  River 285.54 

Five  Finger  Rapids > 344.83 

Polly  River 403.29 

White  River ..  499.11 

Htewart  River 508.91 

Sixty  Mile  Creek 530.41 

Dawson  City 675.70 

Fort  Reliance. 582.20 

Forty  Mile  River  = 627.08 

€anadian  Boundary  Line 667.43 

By  Way  of  St.  Michael  and  Up  the  Yukon. 

This  is  open  only  four  months  in  the  year 
(Juno  to  September)  and  is  called  the  **  all  water 
route,'*  as  it  leads  the  traveler  straight  from  the 
Pacific  Coast  to  the  Island  of  St.  Michael,  and 
from  that  point—by  stern- wheel  steamboats  built 
on  purpose— to  the  very  bank  on  which  is  situ- 
ated Dawson  City.  The  trip,  in  the  best  time 
of  the  yeai ,  takes  fully  35  days  from  Seattle  up 
the  river,  and  about  25  days  down  'he  river  and 
home. 


S^ 


MMM 


:z..  i|x^!u.^?«uiiuja<nni 


H,»BKW!gg.i:m»l<Afl''.M'J*>..J;<.*tt>.tit><h  it*  W*«  <»*■«<"* 


THE  QUICKEST  ROUTE8. 


mmmmianr'-^Kmfitmfr 


4£^ 


Over  the  Chilkoot  Pass  and  the  ClAain 

of  Lakes. 

Here  is  a  good  description  of  a  trip  over  the 
Chilkoot  Pass  given  by  a  most  reliable  explorer^ 
Dr.  E.  O.  Crewe,  just  returned  from  the  Klon« 
dyke: 

"From  the  head  of  the  new  navigation,  six 
miles  north  of  Dyea,  where  you  are  taken  by 
steamer,"  he  said,  "the  overland  trip  to  Lake 
Lindeman  is  only  twenty-eight  miles.  Travel- 
ing with  a  pack  one  does  not  go  fast,  and  the 
trip  generally  takes  three  days,  but  there  is  only 
one  hard  day,  and  that  isn't  hard  unless  you 
think  so.  ^he  first  day—to  Sheep  Camp— is  as 
pleasant  as  a  walk  in  State  str  ^et,  Chicago.  The 
next  stop  is  at  the  Stone  House,  as  it  is  called. 
There  you  get  up  early  in  the  morning  to  get  an 
early  start,  and  at  night  you  will  camp  three  or 
four  miles  beyond  the  pass.  Wl:  y,  I  have  crossed 
the  pass  itself  witL  100  pounds  on  my  back  in 
three  hours.  Sometimes  it  was  like  climbing 
the  roof  of  the  hou'^e.  Sometimes  I  was  in  'now 
and  slush  up  to  my  knees.  But  there  is  n'^  dan- 
t,'er  and  no  difficulty.  You  can't  Io.-:.g  your  way. 
There's  a  wall  of  rock  on  one  side  and  a  wall  of 
ice  on  tno  other— no  chasms  to  fall  into,  no 
crevices  in  the  ice.  It  isn't  as  hard  as  climbing 
half  way  up  Pike's  Peak,  a  trick  that  hundreds  of 
tourists  do  every  year  for  pleasure.  And  that's 
all  there  is  to  the  horrors  of  Chilkoot  Pass  that 
so  mue-i  is  said  about." 

After  describing  the  overland  trip  to  Lake 
Lindeman  Dr.  Ci'^wo  pointed  out  the  road 
through  x\v^  chcin  of  lakes— Bennett,  Taku,  and 
Marsh-tolliag  which  shore  to  follow  at  eaah 
Btti-geiuthe  journey  to  avoid  sharp  stones  that 


i^l 


46 


THS  QUICKEST  BOUTES. 


might  ruin  their  boats;  telling  also  where  and 
How  to  build  rafts  and  boats;  how  to  portage 
around  rapids,  and  emphasizing  the  necessity 
for  taking  care  of  food  supplies  in  order  not  to 
be  left  without  any  food.  At  Lake  Lebarge,  at 
this  season  of  the  year  (September)  game  would 
be  found  in  plenty,  and  a  provident  ma^i,  by 
proper  care,  can  thus  secure*food  supplies. 

The  cost  of  living  in  the  Yukon  region,  he 
added,  had  been  greatly  exaggerated,  and  he 
told  how  every  spring,  oranges  could  be  bought 
for  50  cents  a  dozen  at  Dawson,  fresh  onions 
and  potatoes  for  15  cents  a  pound,  and  flour  and 
other  provisions  much  cheaper  than  they  can 
be  packed  in.  He  advised  any  intending  to  go 
to  wait  until  late  next  March,  then  take  the 
Chilkoot  PttS3  route,  when  they  can  haul  500 
pounds  over  the  pass  on  a  sledge,  when  the 
snow  is  frozen  at  night,  easier  than  they  can 
pack  fifty  pounds  over  in  the  tall  season. 

'»'*Many  men  will  come  back  disheartened," 
said  he  finally,  "but  it  will  be  because  they  are 
too  easily  discouraged,  have  too  little  pluck,  or 
are  unwilling  to  work.  Alaska  is  tho  poor  man's 
mining  country.  It  is  every  man  for  himself, 
and  thousands  of  men  who  have  nothing  will  go 
there  and  in  a  year,  by  proper  dilif;ence,  wash 
out  $2,000  to  $10,000.  and  many  of  them  a  gp?at 
deal  more,  above  all  their  expenses." 

Over  the  White  Pasa. 

The  active  work  of  hundreds  of  incomers  has 
<5Ut  a  pass  from  Skagaway  Bay  to  the  lakes,  and 
horses  can  travel  over  its  whole  length.  This  is 
called  the  White  Pans,  and  has  great  chances 
of  becoming  the  lavorlte  ruud  of  the  rushing 


f 


^ 


mM 


■MIMM 


■Mi 


iMii 


fmsmmmmmsmisgmBmsTmims^smrs 


THE  QUICKEST  EOUTErt, 


47 


crowds.  It  is  not  more  than  24  miles  from  Lake 
Llndeman,  and  the  real  hardships  and  dangers 
of  the  Ohilkoot  Pass  are  thus  avoided.  With  the 
coming  of  snow»  sleds  can  be  used,  reducing 
materially  the  cost  of  transportation,  which  was 
until  winter  set  in,  from  15  to  20  cents  per  pound 

of  ft-eight. 

The  Stikev^n  Koute. 

It  was  announced  recently  that  the  Dominion 
government  Is  at  work  constructing  a  wagon 
road  from  the  terminus  of  the  Stikeen  River 
road  to  th3  Yukon. 

The  length  of  the  new  road  to  be  built  is  160 
miles,  80  of  which  is  said  to  be  under  contrnct 
to  be  finished  this  season.  The  route  will  be 
wholly  within  British  territory. 


The  Overland  or  'Back  Door*'  Bouce 

DESCRIBED  BY   CRAFT  W.  HIGOINS.  OF  CHICAQO. 

*'The  jumping-oflf  place  is  at  Edmonton,  on 
the  Canadian  Pacific  Railway.  A  stage  line  runs 
from  there  to  Athabasca  Landing,  on  the  Atha- 
basca River,  and  the  Canadian  Pacific  Intends  to 
extend  its  lino  north  from  Edmonton  to  that 
point.  At  Edmonton  the  Canadian  Pacific  owns 
very  largo  coal  mines.  From  Athabasca  Landing 
you  can  take  a  caiAoe  and  go  down  with  the  cur- 
rent to  Athabasca  Lake,  and  then  into  Great 
Slave  Lake,  through  which  runs  the  Mackenzie 
River,  by  which  you  reach  the  Arctic  Ocean. 
When  the  mouth  of  the  Mackenzie  is  reached. 
tho  Peel  River  can  be  taken  south  to  the  Rocky^ 
fountains,  which  are  crossed  by  trail.  When 
across  the  range,  the  Stewart  River  opens  the 
way  to  the  near-by  Klondyke  regions. 


S3g^^ltSuKXSi~S^ 


4S 


THE  QUICKE8T  BOUTKS. 


"From  the  Athabasca  Eiver  to  tho  Liouth  o| 
the  Mackenzie  the  distance  is  1.882  miles,  as 
given  by  the  Hudson  Bay  Company,  which  has 
a  number  of  trading  posts,  well  stocked  with 


Map  (tfthe  *'Back  Door''  Route. 

provisions  and  supplies  of  all  kinds,  at  short 
intervals  along  the  route,  as  it  has  been  using 
this  trail  for  the  last  100  years.    The  portagoa 


gHMfeMMH 


wrsmmmmmmmimmmmmmwmmmmmmmmiimmm 


THE  QUICKEST  ROUTES. 


4^ 


axt)  all  short,  with  the  exception  of  one  at 
Smith's  Landing  of  about  sixteen  miles,  but  this 
is  very  easy  to  make.  One  can  take  tho  splendid 
tramway  which  the  Hudson  Bay  Company  has 
built.  None  of  the  other  portages  is  more  than 
a  few  hundred  yards  in  length.  The  trip  Is  down 
grade  all  the  way,  and  wherever  there  is  water 
of  any  depth  at  all.  small  freight  steamers  are 
continually  plying  back  and  forth.  The  trip  can 
be  made  from  Edmonton  to  the  mouth  of  the 
Mackenzie  in  less  than  sixty  days,  but  if  Peel 
Biver  is  frozen,  dog  trains  will  have  to  be  taken 
from  there  to  the  Klondyke;  but  even  with  these 
the  disadvantages  and  hardships  will  not  be 
half  those  to  be  overcome  in  going  by  way  of 
Dyea.  One  great  advantage  of  this  route  is  that 
it  is  an  organized  line  of  travel,  and  the  numer- 
ous posws  of  the  Hudson  Bay  Company  can 
furnish  prospectors  with  ample  supplies,  en- 
abling them  to  travel  very  light,  as  only  stffl- 
cient  supplies  are  necessary  to  last  from  one 
post  to  another, 

*•  I  would  not  like  to  say  just  exactly  what  the 
cost  of  ?  trip  via  the  '  back-door  route '  would  be» 
bat  I  think  it  could  be  made  for  less  money  than 
any  of  the  others  which  are  now  so  popular. 
Canoes  can  be  obtained  readily  from  the  Indians, 
but  it  is  not  advisable  to  attfimpt  to  use  them 
without  the  a.«  si  stance  of  an  Indian  who  is 
familiar  with  the  frail  birch- bark  canoes.  These 
canoos  can  be  secured  to  caiTy  several  tons. 
The  Hudson  Bay  company  also  oontra<ius  to  take 
freight  north  on  their  steamers  during  the  sea- 
son of  open  navigation. 

"With  a  small  expenditure  of  mocoy  this 
route   vnn  bo  imj>roved  and   the  facilities  in- 


60 


THE  QUICKEST  ROUTES. 


creased  so  that  any  amount  of  freight  and  any 
number  of  passengers  can  be  taken  to  the  gold 
regions.  I  was  told  at  Edmonton  that  still  south 
of  the  international  boundary  line  the  moun- 
tains were  very  high,  but  that  the  elevation  con- 
tinually lowered  northward  until  there  remained 
only  a  high  plateau.  In  fact,  the  pass  through 
the  Rooky  Mountains  which  the  British  Pacillc 
will  use  is  some  200  miles  north  of  the  Canadian 
Pat iflc  and  only  about  2,200  feet  high,  being  the 
lowest  elevation  at  which  any  transcontinental 
road  «rossos  the  divide. 

"In  talfcing  with  members  of  the  Hudson  Bay 
posLs  and  otiicers  of  the  Canadian  mounted  po- 
lice at  Calgary  and  Edmonton,  and  also  at  Vic- 
toria and  up  in  tlie  famous  Caribou  country,  I 
was  told  that  several  years  ago  some  $60,000,000 
in  gold  was  taken  out;  that  the  mines  were  be- 
ing worked  by  hydraulic  mining;  that  all  the 
Ifeds  of  the  small  streams  from  the  60th  parallel 
to  the  mouth  of  the  Mackenzie  River  were  filled 
with  gold.  A  great  number  of  those  running 
west  from  the  Mackenzie  River  eventually  empty 
ktto  the  Yukon.  When  I  was  told  this,  of  course, 
I  did  not  pay  so  much  attention  to  it,  because 
the  gold  fever  was  not  so  rampant  as  at  present. 
The  Oasslar  and  Ominaca  districts  have  long 
been  known  to  bo  extensively  rich  in  gold,  and 
if  one-half  of  what  has  been  told  me  is  true  they 
W'U  not  only  iival  but  surpass  the  now  famous 
Klop uyke.  I  have  seen  any  number  of  the  most 
beautifLl  specimens  of  white  quartz  filled  with 
gold,  auQ  when  the  method  of  quartz  mining  is 
perfected  up  in  that  far  north  the  T)resent  placer 
claims  will  soon  seem  wonderfully  poor  in  com- 
parison. 


I^^fjwl^^'y 


.»,.wS«'.>,..v„ 


^KSfHi 


S*»iiWViI>i,v<^y<IU«?i^.»y4'i^«»<>Cil-«ri<jfc^  ^f  t»<>..: 


THE  QUICKEST  BOUTES. 


61 


any 
gold 
[south 
loun- 
con- 
laiued 
[rough 
*aciliic 
ladian 
In  g  the 
nental 

mBay 
edpo- 
at  Vlc- 
ntry,  I 
►00,000 
3re  be- 
all  the 
parallel 
e  filled 
unniug 
empty 
aourse, 
'ecause 
resent, 
^e  long 
Id.  and 
le  they 
amous 
e  nioKt 
d  with 
ling  18 
placer 
ticom- 


I 


¥;V 


•*Dr.  Dawson  (after  whom  Dawaon  City  was 
named),  the  eminent  geologist  of  the  Oauadian 
government,  who  only  a  few  years  ago  made  an 
extensive  and  exhaustive  geological  survey  of 
the  northwestern  provinces  of  Canada,  told  me 
that  he  considered  the  reason  for  the  gold  being 
found  in  the  small  streams  was  due  to  the  break- 
ing and  grinding  action  of  tue  glaciers  more 
than  from  any  other  cause.  Gold  undoubtedly  ex- 
ists in  places  in  large  and  payin^'  quantities,  but 
quartz  mining  requires  machinery  and  money, 
and,  of  course,  is  not  the  poor  man's  proposi- 
tion, as  is  placer  mining." 

A  Tramway  Over  the  Pass. 

Captain  McCormickof  the  regular  army  is  «he 
superintendent  of  an  Eastern  company,  whosij 
purpose  it  is  to  construct  a  tramway  from  D,>  ea 
to  Lake  Lindeman.  New  York  capital  to  the 
amount  of  half  a  million  had  been  subscribed 
for  the  new  enterprise,  and  the  Captain  thinks  it 
can  be  completed  in  quick  time.  A  large  amount 
of  necessary  material  has  already  gone  forward, 
and  the  men  at  Dyea,  it  was  thought,  would  as- 
sist in  pushing  the  tramway  through  vigoroubly, 
taking  transportation  in  payment  for  labor. 
This  is  one  of  the  most  promising  of  all  the  new 
enterprises  that  have  been  inaugurated  in  Alaska 
during  the  great  rush  of  the  Klondykers, 


V^  *  .w*»#wv.-.--»*c  v4  ■  4 


"«!V 


''^ 


3557; 


CHAPTER  V- 


MINING  METHODS  AND  PROCESSES 


Placer  Minlngr. 


In  "plaoer  mining"  no  machinery  is  needed; 
that's  why  it  has  been  called  the  '*  poor  man's 
method."  When  upon  a  lilcely  location,  the 
miner  clears  all  the  coarse  gravel  and  stone  off 
a  patch  of  ground,  and  lifts  a  little  of  the  liner 
gravel  or  sand  in  his  pan,  which  is  abroad,  shal- 
low dish,  made  of  string  sheet  iron;  he  then 
puts  in  water  enough  to  fill  the  pan,  and  gives  a 
few  rapid  whirls  and  shakes ;  this  tends  to  bring 
the  gold  to  the  bottom  on  account  of  its  greater 
specific  gravity.  The  dish  is  then  shaken  and 
held  in  such  a  way  that  the  gravel  and  sand  are 
gradually  washed  out.  Finally,  all  that  is  left  in 
the  pan  is  whatever  gold  may  have  been  in  the 
dish  and  some  black  sand,  which  almost  inva- 
riably accompanies  it. 

Should  the  gold  thus  found  be  fine,  the  con- 
tents of  the  pan  are  thrown  into  a  barrel  con- 
taining water  and  a  pound  or  two  of  mercury. 
As  soon  as  the  gold  comes  in  contact  with  the 
mercury  it  combines  with  It  and  forms  an  amal- 
gam. The  prot*ess  is  continued  until  enough 
amalgam  has  been  formed  to  pay  for  "roasting" 
or  "  firing."  It  is  then  squeezed  through  a  buck- 
skin bag.  all  the  mercury  that  comes  through 
the  bag  being  put  back  into  the  barrel  to  serve 


62 


i 


'/ 


MINING  METHODS  AND  PROCESSES. 


53 


SES 


i, 
I 


Dog  sledges  on  the  trail, 

again  and  what  remains  in 

tho  bag  is  placefl  in  a  retort, 

if  the  miner  has  one,  or,  it 

not,  on  a  shovel,  and  heated 

I^r^^      until  nearly  all  the  mercury  is  va- 

ulif  porized.     The  gold  then  remains 

H  P^  in  a  lump  with  some  mercury  still 

held  in  combination  with  it. 

This  is  called  the  "pan"  or  "hand"  method, 

and  is  never,  on  account  of  its  slowness  and 

laboriousness,  continued  for  any  length  of  time 

when  it  is  possible  to  procure  a  "  rocker,"  or  to 

make  and  work  sluices. 


■« 


54  MINING  METHODS  AND  FEOCESSES. 

The  Bocker  Beplaces  the  Pan. 

The  •* rocker"  is  s^imply  a  box  about  three 
feet  long  and  two  wide,  made  in  two  parts,  the 
top  part  being  shallow/with  a  heavy  sheet- iron 
bottom,  which  is  punched  full  of  •luarter-inoh 
holcf^.  The  other  part  ot  the  box  is  fitted  with 
an  inclined  shelf  about  midway  in  its  depth, 
which  is  six  or  eight  inches  lower  at  its  lower 
end  than  at  its  upper.  Over  this  is  placed  a 
piece  of  heavy  woolen  blanket.  The  whole  is 
then  mounted  on  two  rockerp.  much  resembling 
those  of  an  ordinary  cradle,  and  when  in  use 
they  are  placed  on  two  blocks  of  wood  so  that 
the  whole  may  be  readily  rocked.  After  the 
miner  has  selected  his  claim,  he  looks  for  the 
most  convenient  place  to  set  up  his  "rocker," 
which  must  be  near  a  good  supply  of  water. 
Then  he  proceeds  to  clear  away  all  the  stones 
and  coarse  gravel,, gathering  the  finer  gravel  and 
sand  in  a  heap  near  tlie  "  rocker."  The  shallow 
box  on  top  is  filled  with  this,  and  with  one  hand 
the  miner  rooks  it,  while  with  the  other  he  ladles 
in  water.  The  finer  matter  with  the  gold  fulls 
through  the  holes  onto  the  blanket,  which 
checks  its  progress,  and  holds  the  fine  particles 
of  gold,  while  the  sand  and  other  matter  pass 
over  it  to  the  bottom  of  the  box  which  is  sloped, 
so  that  what  comes  through  is  washed  down- 
ward and  finally  out  of  the  box.  Across  the 
bottom  of  the  box  are  fixed  thin  slats,  behind 
which  some  mercury  is  placed  to  catch  any  par- 
ticles of  gold  which  may  escape  the  blanket.  If 
the  gold  is  nugget y,  the  large  nuggets  are  found 
in  the  upper  box,  their  weight  detaining  them 
until  all  the  lighter  stufi'  has  pap  ed  through, 
Btkd  the  smaller  ones  are  held  by  a  deeper  slat 


at 

Th 
an< 
me 
air 


iH 


' 


MINING  METHODS  AND  PROCESSES. 


55 


at  the  outward  end  of  the  bottom  of  the  box. 
The  pieco  of  blanket  is,  at  intervals,  taken  out 
and  rinsed  into  a  barrel:  if  the  gold  is  fine, 
mercury  is  placed  at  the  bottom  of  the  barrel,  as 
already  mentioned. 


al  iAioi'ic  x/n  t,id  gold  creekx. 

The  Sluicing*  Process. 

"Sluicing"  is  always  employed  when  possible. 
It  requires  a  good  supply  of  water,  with  suffl- 
oient  head  or  fall.    The  process  is  as  follows: 
Planks  are  procured  and  formed  into  a  box  of 
suitable  width  and  depth.  Blats  are  fixed  across. 


50 


MINING  METHODS  AND  PROCESSES. 


thc5  bottom  of  ,he  box  at  suitable  intervals,  or 
siii^llow  iioles  bored  in  the  bottom  in  such  orrler 
tliat  nc  particle  oould  run  nlong:  tho  bottom  in  a 
«traigrjt  lino  and  escape  without  running  over  a 
hole.  Several  of  these  boxes  are  then  set  up 
with  a  considerable  slope,  and  are  fitted  into 
one  another  at  the  ends  like  a  stovepipe.  A 
stream  of  water  is  now  directed  into  the  uppei* 
«nd  of  the  highest  box.  The  gravel  liaving  been 
<30llected,  as  in  the  case  of  the  rooker,  it  is  shov- 
eleti  into  the  upper  box  and  is  washed  down- 
ward by  the  strong  current  of  water.  The  gold 
is  detain*;d  by  its  weight,  and  la  held  by  the 
slats  or  in  the  holes  mentioned,  Tf  it  is  fine, 
mvi  cury  is  placed  behind  the  slats  or  in  the  holes 
to  catch  it.  In  this  way  about  three  times  as 
much  dirt  can  be  washed  as  by  the  rocker,  and 
oonsequently  three  times  as  much  gold  is  se- 
cured in  a  given  time.  A^^^r  the  boxes  are  done 
with  they  are  burned,  and  the  ashes  washed  for 
the  gold  held  in  the  wood. 

Winter  Mining. 

THE  OLD  AND  NEW  METHODS. 

A  great  many  of  the  miners  spend  their  time 
in  the  summer  prospecting  and  in  the  winter 
resort  to  a  method  lately  adopted  and  which  is 
called  ••  burning."  They  make  tires  on  the  sur- 
taoA',  thus  thawing  the  ground  until  the  bed  rock 
is  reached,  then  drift  and  tunnel.  The  pay  dirt 
is  brought  to  the  surface  and  heaped  in  a  pile 
until  spring,  when  water  can  be  obtained.  The 
sluice  boxes  are  then  set  up  and  the  dirt  is 
washed  out,  thus  enabling  the  minoi  to  work 
advantageously  and  profitably  the  year  around. 
This  method  has  been  found  very  satisfactory 


li 


m 


•inivmimniii  t  .■••»♦  ««»-,-«-, 


MINING  MRTHODB  AND  PBOCKBS1E8. 


57 


ler 


In  places  where  the  pay  streak  is  a^  any  great 
depth  from  the  surface.  In  this  way  the  com- 
plaint is  overcome  which  has  be^n  so  commonly 


The  new  woman  digg-ingfor  gold. 

advanced  by  the  miners  and  others,  that  in  the 
Yukon  several  months  in  the  year  are  lot  t  in 
idleness. 


58 


MINING  METHODS  IND  PXiOCESSES. 


A  Chicago  man,  Mr.  Charles  Dnpee,  has 
brought  forward  an  invention  of  his  that  will 
perfect  and  cheapen  in  price  the  "burning 
process  "  now  in  use  in  the  Klondyke  gold  fields. 
The  machine  wiUi  which  he  proDOses  to  ^'law 
the  Alaskan  soil  has  been  in.  actu  J  operation  in 
Chicago  and  has  been  seen  to  melt  the  solid 
asphalt  of  the  boulevards  so  that  the  paving 
could  be  iJited  with  a  shovel.  The  machine 
burns  oil  and  is  portable,  being  so  light  that 
a  man  can  move  it  from  poiit  to  point  at 
will.  The  oil  is  contained  in  a  tank,  which  is 
mounted  on  wheels,  and  which  is  provided  with 
a  bellows  oi*  blower  to  force  air  into  the  tank 
and  to  force  the  oil  out,  A  lead  of  pipe  runs 
under  a  piece  of  sheet  iron,  usually  three  feet 
long  by  twenty  inches  wide,  which  has  beveled 
sides.  Beneath  the  cover  is  a  coil  of  perforated 
pipe,  through  which  the  oil  makes  its  escape 
and  is  burned  The  cover  is  so  arriinged  that 
there  is  always  a  dov/nward  draft,  and  the  force 
cf  the  flame  is  continually  against  the  ground. 
With  the  Dupee  machine  it  is  claimed  all  that  is 
necesojtrv  is  to  move  it  from  point  to  point,  the 
minors  working  right  alont?  after  It, 

If  the  recent  diPcoverieF  of  oil  in  Alaska  prove 
true  they  will  greatly  facilitate  the  working  of 
snch  m^hinos. 


d< 

sJ 
ti 
h( 
bl 

t: 

th 
tl 

ai 

A 
C 


CHAPTER  VI. 


CANADIAN  CUSTOMS  DUTIES. 

As  Enacted  in  1894. 


The  Canadian  Department  of  Customs  ha» 
decided  that  miners  bound  for  the  Klondyk© 
shall  pay  duty  on  all  supplies  brought  in  from 
the  United  States.  Each  miner  will  be  allowed, 
however,  to  take  in  free  100  pounds  of  food,  his 
blankets,  cot "^ing  in  use.  and  cooking  utensils. 
Thejduties  charged,  ^  n<l  which  we  give  h'Tein,  are 
the  regular  customs  duties  in  force  throughout 
the  Dominion,  as  far  as  supplies  for  the  miner 
and  his  family  are  concerned : 

Ale,  beer  and  porter. 16c.  to  24o  per  gaUon 

Cider 6c.  to  10c„  per  gal. 

Lime  juice  containing  less  than 

25p.c.  proof  spirits 60c.  per  gal. 

Above  25  p.  e.  proof  spirits.., 20per  oent. 

Spirituous  or  alcoholic  liquors  of  any 

kind $2.12^ij  per  gal. 

V.  sweetened  or  mixed  with  any  in- 
gredient  $2.12^2  and  20  p.  c,  per  gal. 

Wines  of  al?  kinds 25c.  per  gal.  and  3  p.  c. 

Champagnes,  per  doz.  q ts , $3.30 

Animals,  living 20p„o, 

Live  hogs .......lisc.  per  pound 

Meats,  salted .,,. 2c.  per  lb. 

Meats,  fresh jjo.  per  lb. 

Canned  meats,  ext^  i,ot9  ol  beef  and 

soups..... ••,..»...* ,.,25  p. c* 

59 


\ 


60 


CANADIAN  CUSTOMS  DUTIES. 


Poultry  and  game.. 20  p.  o. 

Lard 2c.  per  lb. 

Soap,  common lo.  per  lb. 

Butter , 40.  per  lb. 

Cheese 3c.  per  lb. 

Eggs 5c.  per  lb. 

CondensfMl  milk  3c.  per  lb. 

tJODflensed  coffee , 30  p.  o. 

Apples ,40o.  per  barrel 

Beans 15c  per  bushel 

Buckwheat 10c.  per  bu. 

Potatoes 150.  per  bu. 

Hay $2aton 

Vegetables,  fresh 25  p.  c. 

\  Corn 7^c.  per  bu. 

Buckwheat  meal , ^c.  per  lb. 

Corn  meal 40c.per  bbl. 

Oats 10c.  per  bu. 

Oatmeal 20  p.  c. 

Bice,  cleaned 1^4C.  per  lb. 

Wheat 1 5c.  per  bu. 

Wheat  flour 75c.  per  bbl. 

Biscuits  of  all  kinds 25  p.  o. 

Tomatoes,  fresh 20c.  per  bu.  and  10  p.  c. 

Canned  vegetables 1  %).  per  lb. 

I  Pickles.  35  p.  c. 

'Yeast  cakes  and  oakiDg  powder. .......  6c.  per  lb. 

Apples,  and  other  fruits,  dried  or  evap....  25  p.  o. 
I  Oranges,  lemons  or  limes 25c.  per  box 

Canned  fruits ,.  2c.  per  lb. 

:  Brandied  fruits $1.90  per  gal, 

I  Jellies,  jams  and  preserves 3o.  per  Ibi 

:  Tea  and  green  coffee 10  p.  c. 

I  Oo^e,  roasted  or  ground,  and  ail  imitations 

I 2c.  per  lb, 

^  totraot  of  coffee , , , 3c.  per  lb. 


HHBil 


,g|Mn 


r 


^isssimsr^smBi^^mi^sTssrn^ 


BpJWfi'-if'*»lV**^<-!«V?i'-.'^  *¥ 


CANADIAN  CUSTOMS  DUTIES. 


61 


Cocoa  and  chocolate 20  p.  o. 

Spices,  ground 25  pc. 

Playing  cards 6c.  per  pack 

Earthenware  and  stoneware 3c.  per  gal. 

Glass  goods..,.,.. 30p. o» 

Fur  clothes  andceps 25  p.  o. 

All  manufactures  of  leather 25  p.  o» 

Harness  and  saddlery 30  p.  o. 

Boots  and  shoes 25p,  o» 

India  rubber  boots. 25  to  30  p.  o. 

India  rubber  clothing... 35  p.  c. 

Skates 1  Oc.  per  pair  and  30  p.  o. 

Cutlery  25  p.  o. 

Picks  and  similar  tools 35  p.  c. 

Axes  of  all  kinds , . ,  35  p.  c. 

Shovels  and  aF>ades. . .  .,50c.  per  doz.  and  25  p.  o. 

Sewing  machines 30  p.  o# 

Type  for  printing 20  p.  c. 

Printing  presses 10  p.  c. 

Wire  of  all  kinds 25  p.  o. 

Firearms 20  p.  c. 

Stamped  tinware,  galvanized  ironware...  25  p.  c. 

Enameled  ironware  and  tinware.. 35  p.  c. 

Watches 25  p.  c. 

Salt ,  7he,  per  100  lbs. 

Lumber  and  timber,  manufactured. 20  p.  c. 

Fishinig  rods .* 30  p.  o. 

Coffins  and  caskets 25  p  o. 

Wagons 25  p.  o» 

Bicycles SOp.  c. 

Musical  instruments 25  p.  c. 

Sugar 9/n,(i.  per  Ibw 

Syrups  and  molasses ^2C*  per  lb.  • 

Cordage ic.  per  lb.  and  10  p.  c.  : 

Canvas  for  aaila  or  tents 5  p.  3,^ 

Sails  already  made 25  p.  c*  J 


/■ 


I 


k 


62 


CANADIAF  CUSTOMS  DUTIES. 


Fabrics  wholly  or  partly  of  wool 30  p.  c. 

Felt IT^a  p.  o. 

Socks  and  stockings 10c.  per  doz.pair 

and  35  p,  e. 

Gloves  and  mitts 35  p.  o. 

Hats,  caps  and  bonnets ...30  p.  c. 

Surgical  belts  and  trusses 25  p.  c. 

Antiseptic  surgical  dressing  — 20  p.  c. 

Clears  and  cigaretto«t.. . .$2.00  per  lb.  and  25  p.  c. 
Manufactured  tobacco... 35c.  per  lb.  and  12^2  p.  c. 

Cut  tobacco ., 45c.  per  lb.  and  12^  p.  c. 

Cartridges 30  p.  c. 

Blasting  and  m ining  powder 2c.  per  1  b. 

Ordinary  powder ..3c.  per  lb. 

Tobacco  pipes 35  p.  c. 

Ships  and  other  vessels 10  p.  c. 


A  Huge  Enterprise. 

Chicago  prospectors  will  dredge  the  Yukon 
Jftiver  for  gold,  and  as  soon  as  a  few  minor  details 
can  be  arranged  the  novel  expedition  will  depart 
for  the  Northwest  Territory. 

A  dredge  costing  $65,000  has  been  construct- 
ed especially  for  the  above  purpof^e.  It  was 
tested  as  to  its  strength  and  feasibility  at  the 
lour-mile  crib,  on  Lake  Michigan,  and  proved 
satirifactory.  When  the  Yukon  is  rpached  scows 
will  be  built  by  the  carpenters,  after  which  the 
actual  work  of  dred^'ing  the  bed  of  the  great 
river  for  gold  will  commence. 


weammmmmm^lfm^ 


CHAPTER  VII. 


GENERAL   INFORMATION   ABOUT 
GOLD  AND  SILVER  PRODUCTION. 


Q-old  Production  in  America— 1896, 


Activity  in  the  old  mining  regions  of  Califor- 
nia and  other  States  and  the  incrorsed  produc- 
tion of  Cripple  Creek  and  of  some  minor  districts 
in  Colorado,  with  improvements  in  several  other 
States  and  in  Alaska,  carried  the  gold  produc- 
tion up  to  $5S,GbO,726,  showing  an  increase  of 
$11,830,227  over  1895.  The  gain  was  not  the 
result  of  new  discoveries,  which  were  few  in 
number  and  generally  of  slight  importance;  it 
came  rather  from  more  extensive  and  better 
working  of  old  mines,  and  from  increased  skill 
and  care  in  treating  the  ores.  The  districts 
which  attracted  most  attention  during  the  year 
were  Cripple  Creek,  in  Colorado;  the  new  llands- 
burg  Mining  District,  in  Southern  California; 
the  Morcur  District,  in  Utah;  the  De  la  Mar 
Mines,  in  Nevada,  and  the  Miners  of  Alaska.  In 
the  latter  there  many  reports  of  new  mines  and 
a  number  of  me  ft  went  to  the  Yukon  placers,  on 
Canadian  territory,  but  their  suijcess  i:as  only 
very  recently  proven  substantial  and  astonish- 
ingly promising. 

The  Decrease  of  Silver  Vaiue. 

Silver  i^  one  of  the  great  p  oducts  of  the 
United  States,  and  whatever  one's  views  may  be 


^♦•«»'»'«" 


64 


OBNEKAL   INFORMATION. 


Upon  silver  coinage,  its  decline  as  a  product  is  to 
be  regretted,  the  same  as  If  it  were  any  other 
domestic  product. 

The  latest  report  '  the  Director  of  the  U.  8. 
mint  as  our  authority,  we  find  that  the  silver  of 
this  country  mined  In  1895  was  $72,051,000;  of 
tiie  world,  $217,610,800,  and  of  all  Europe,  $22,- 
210,400.  Europe  has  no  interest,  practically,  in 
maintaining  the  market  value  of  silver,  except  as 
those  countries  may  have  a  large  stock  on  hand. 
As  a  product  it  belongs  almost  wholly  to 
America,  and,  to  be  more  exact,  the  Pacific 
coast,  beginning  with  Chili  and  extendintj  In  an 
almost  unbroken  chain  northward.  The  product 
of  the  world,  in  kilograms,  was  5,338,059  in 
1895,  and  the  world's  industrial  consumption  of 
silver  for  the  year  was  1,995,863  kilograms, 
more  than  one-third  of  the  total  product.  This 
country  alone  could  easily  supply  the  industrial 
demand.  The  commercial  value,  the  silver  of 
this  country  produced  in  1895  is  set  down  as 
$30,254,296,  and  trum  the  standpoint  of  expor- 
tation of  silver  stands  out  still  more  promi- 
nently. Our  exports  of  wheat,  oven,  aggregated 
last  year  $43,805,666,  and  corn  $14,650,767. 
Silver,  coin  value,  was  $47,227,317  in  1895  and 
$59,862,956  in  1896. 

Cripple  Creek  District. 

The  vicinity  of  Cripple  Creek  and  Victor  .where 
such  excitement  arose  In  1895-96,  continues  to 
deserve  the  full  attention  of  raining  experts.  The 
production  of  1896  has  been  over  $12,000,000, 
and  it  goes  on  steadily  sending  from  one  million 
to  one  million  and  a  (luarter  of  the  precious 
metal  per  month,  to  the  Denver  U.  8.  Assaying 


mm 


GBNERAIi  INFOBMATION. 


65 


s. 

of 

J  of 

in 


offloe.  Money,  however,  i8  necessary  to  do  any 
profitable  micxng  around  the  Creek  as  it  is  nearly 
always  by  shaft  sinking  or  tunn»^llng  that  the 
veins  are  reached.  Still  the  Cripple  Creek  district 
ooBtains  many  attractive  propositions  yet. 

The  History  of  Kug-g-ets. 

Here  is  the  Century  IHciionary*s  definition  of  a 

Nugget :    One  of  the  larger  lumps  of  native  gold 
found  in  alluvial  deposits  or  placer  mines. 

The  $42,000  nugget  said  to  have  been  discov- 
ered in  August,  1897,  by  the  Graves  brothers  in 
their  placer  mine  at  Coflfey  Creek,  Trinity  Co.» 
California,  bids  fair  to  count  as  one  of  the  largest 
finds  in  the  history  of  nuggets. 

Until  then  the  finest  of  California  nuggets  was 
that  found  by  Oliver  Martin.  It  weighed  151 
pounds  and  six  ounces.  Martin  aiid  a  compan- 
ion nt'med  Flower  were  camped  in  ac«,non  when 
a  terrible  rainstorm  came  on,  quickly  swelling 
the  stream.  Flower  v/as  drowned,  but  Martia 
escaped.  While  trying  to  bury  his  companion's 
body  by  the  roots  of  a  tree,  Martin  discovered 
the  great  lump  of  gold  and  quartz  worth  $20,000. 

In  Bierra  Co.,  in  1869,  the  five  partners  in  the 
Monumental  claim  discovered  a  nugget  which 
weighed  1.593  ounces.  They  sold  it  for  $21,637 
for  exhibition  purposes.  Later  it  was  melted, 
realizing  $17,655.  A  still  more  valuable  nugget 
was  found  in  1850  in  the  same  county.  It  was 
valued  at  $23,000. 

Other  large  nuggets  were  discovered  In  Cala- 
veras Co..  Cal.,  in  1 854.  One  weighed  118  pounds; 
another,  149  pounds. 

The  largest  nugget  ever  discovered  in  Siberia 
weighed  96  pounds  4  ounces.  The  heaviest  nug- 
get of  gold  ever  found  in  the  world  was  that 
found  in  Australia  in  1852.  It  weighed  223  lbs. 
and  v/as  known  as  the  ** Water  Moon"  Nugget. 


FULL  TEXT  OF  UNITED  STATES  LAWS 
NOW  IN  FORCE. 


Tbe  text  is  taken  from  the  last  edition  of  the 
"Bevised  Statutes  of  the  United  States."  1878. 
and  the  Supplement  including  the  Session  of 
1891. 

Commonly  called  the  *'  Mining  Acts,"  with  all 
their  amendments,  and  miscellaneous  sections 
from  other  Acts. 

TITLE  Xni,  CHAPTER  SEVENTEEN. 

Poflsessory  Actions. —§  910.— No  possessory 
action  between  persons,  in  any  court  of  the 
United  States,  for  the  recovery  of  any  mining 
title,  or  for  damages  to  any  such  title,  shall  be 
affected  by  the  fact  that  the  paramount  title  to 
the  land  in  which  such  mines  lie  is  in  the  United 
States;  but  each  case  shall  be  adjudged  bv  the 
law  of  possession, 

TITLE  XXXII,  CHAPTEB  SIX 

ENTITLED  "  MINERAL  LANDS  AND  MINING 
EBSOURCES." 

Reserved  from  Sale  under  the  Pre-emption 
Aots.— S  2318.— In  all  oases  lands  valuable  for 
minerals  shall  be  reserved  from  sale,  except  as 
otherwise  expressly  directed  by  law. 

General  License.— §  2319.— All  valuable  min- 
t;ral  deposits  in  lands  belonging  to  the  United 
States,   both   surveyed   and   unsurveyed,   are 


eej 

by 

not 

lonl 

a 

of 

Wij 


66 


TEXT  OF  U.  S.  STATUTES. 


67 


he 

78. 

Of 


hereby  declared  to  be  free  and  open  to  explora- 
tion  and  purchase,  and  the  lands  in  which  they 

are  found  to  occupation  and  purchase 

District   by  citizens  of  the  United  States  and 

Rules,    those  who  have  declared  their  intention 

to  become  such,  under  regulations  pre-* 
scribed  by  law,  and  according  to  the  local 
customs  or  rules  of  miners  in  the  severval  mining 
districts,  so  far  as  the  same  are  applicable  and 
not  inconsistent  with  the  laws  of  the  United 
States. 


all 
ions 


iOTJ 

the 
aing 
11  be 
le  to 
ilted 
r  the 


ption 

ie  for 
)pt  as 

>  min- 
Jnlted 
I.   are 


Length  of  ClsOms.— §  2320.— Mining  claims 
upon  veins  or  lodes  of  quartz  or  other  rook  in 
place  bearing  gold,  silver,  cinnabar,  lead,  tin, 
copper,  or  other  v^aluable  deposits,  heretofore 
located,  shall  be  governed  as  to  length  along  the 
vein  or  lode  by  the  customs,  regula- 
Discovery  tions,  and  laws  in  force  at  the  date  of 
Essential,  their  location.  A  mining  claim  locat- 
ed after  the  tenth  day  of  May,  eight- 
een hundred  and  seventy-two,  whether  located 
by  one  or  more  persons,  may  equal,  but  shall 
not  exceed,  pne  thousand  five  hundred  feet  in 
length  along  the  vein  or  lode;  but  no  location  ot 
a  mining  claim  shall  be  made  until  the  discovery 
of  the  vein  or  lode  within  the  limits  of  the  claim 

located.    No  claim  shall  extend  more 

Width  of  than  three  hundred  feet  on  each  side 

Claims,     of  the  middle  of  the  vein  at  the  surface, 

nor  shall  any  claim  be  limited  by  any 
mining  regulation  to  less  than  twenty-five  feet 
on  each  side  of  the  middle  of  the  vein  at  the 
surface,  except  where  adverse  rights  existing  on 
the  tenth  day  of  May,  eighteen  hundred  and 
seventy-two,  renaer  such  limitation  necessary* 


each  other.  ,  „,oi -proot  ot  olti- 

proof  of  Oit**«"^^?;;i..  may  consist.  In  the 
eenTlP.  under  this  chatte'^«»y^^^,H thereof; 
^faseoJanlndlvlduri.om«ow^^^^ 

Vthecaseotanas^-l       ,,e  affidavU  ct^thelr 

att«n»WP  of  a^*l^f i^^lZ?o;  upon  inlorma- 

Lpor.t.o«..    o^f^XS;   and  in  the  case 

tlon  ^""     ,  nnder  the  laws  of  the 
of  a  corporation  organized  un^er^  ^^  ^  ^ 

^V  r^e' ^^.  of^rLrtlfled  copy  of  the.r 
thereof,  by  ^''.""rr  of  incorporation, 
euaxter  or  ««'^'*'*"''";'  ^,^^^.._S  2322.-The 
Surfa«e.-IMP  and  »*•  ;•   j^eretof  ore  made 

locators  of  all  «'l"l'^f,„^^te  made,  on  any  mineral 
iTwhlch  shall  her-tt^r  be -ad^^ 

vein.  lode,  or  '«™°'      .    assigns,  ^vhere   no 
domain,  their  heirs  ana  ^^  ^j  j^^y, 

adverse  claim  «:^?''*'d  seventy-two.  so  long  as 
eiehteen  hundred  and  seven'.y  g^^^^g 

S  comply  with  the  laws  rf  the JJ   ^      ,^,j,^s 
Td  with  8tat«.TerrtorUl^'^^;^3  united  States 

TOP  or  Apex   lines  of  ^^f  J°td°es  IhToughout 
^trote.     y«if'^°?,!!'rpth.thetoporapex 

^  tl'«^^''*H!,oh  surt^e  lines  extend- 

oi^hlchlleslnsWe^-^^J-rf^gl,  such  vein. 

ed  downward  ^«^''*„T'  depart  from  a  perP'"': 
todes.  or  ledges  may  «^'«  *^*^rd  as  to  extend 
di^ul«  la  t»»«i' ^^Hdt  iTuToI  8U0h  surface 
outside  the  vertical  siae 


S 


r^f? 


TBXT  OF  V.  S.  nTATVTlfl 


69 


I  to 

slti- 

lihe 
[•oof; 
Loor- 
ihelr 
his 
rma- 

oase 
)f  the 
rltory 

their 


.—The 
5  made 
lineral 
public 
5re    no 
d  May, 
lOng  as 
States, 
ilations 
i  States 
lave  the 
nient  of 
thin  the 
id  of  all 
•oughout 
,  or  apex 
9  extend- 
(jh  veinB. 
aperpen- 
to  extend 
ki  surface 


70 


TEXT  OP  U.  8.  STATUTES. 


loottUons.  But  their  right  of  possession  to  such 
outside  parts  of  suoh  veins  or  ledges  bhall  be 
confined  to  such  portions  t'lereof  as  He  between 
vertical  planes  drawn  downward  as  above*  de- 
scribed, through  the  end  lines  of  their  locations. 

80  contimied  in  their  own  direction 
Surface,     that  such  planes  will  intersect  such 

exterior  parts  of  such  veins  or  ledges. 
And  nothing  in  this  section  shall  authorize  the 
locator  or  possessor  of  a  vein  or  lode  which 
extends  in  its  downward  course  between  the 
vertical  lines  of  his  claim  to  enter  upon  the  sur- 
face of  a  claim  owned  or  possessed  hy  another. 

Tuzinel«.—§  2323.— Where  a  tunnel  is  run  for 
the  development  of  a  vein  or  lode,  or  for  the  dip- 
covery  of  mines,  the  owners  of  such  tunnel  shall 
have  the  right  of  possession  of  all  veins  or  lodes 
within  three  thousand  feei  from  the  face  of  such 
tunnel  on  the  lino  thereof,  not  previously  known 
to  exist,  discovered  in  such  tunnel,  to  the  same 
extent  as  if  discovered  from  the  surface ;  and 
locations  on  the  line  of  such  tunnel  of  veins  or 
lodes  not  appearing  on  the  surface,  made  by 
other  parties  after  the  commencement  of  the 
tunnel,  and  while  the  same  is  being  prosecuted 
with  reasonable  diligence,  shall  be  invalid ;  but 
failure  to  prosecute  the  work  on  the  tunnel  for 
six  months  shall  be  considered  as  an  abandon- 
ment of  the  right  to  all  undiscovered  veins  en 
the  line  of  such  tunnel. 


District  Bules.— §  2324.— The  miners  of  suoh 
mining  district  ma  v  make  regulations  not  in  con- 
flict with  the  laws  of  the  United  States,  or  with 
the  laws  of  the  State  or  Territory  in  which  the 


TEXT  OF  U.S.  STATUTES. 


71 


district  is  situated,  governing  the  looa- 
Location,  tion,  manner  of  recording,  amount  of 
Record,  work  necessary  t*)  hold  possession  of 
a  mining  claim,  subject  to  the  follow- 
ing requirements:  The  location  must  bedistin^^t- 
\y  marked  on  the  ground,  so  that  its  boundaries 
can  be  readily  traced.  All  records  of  mining 
claims  hereafter  made  shall  contain  the  name  or 
names  of  the  locators,  the  date  of  the  location, 

and  such  a  description  of  the  claim  or 
Annual  claims,  located  by  reference  to  some 
Labor,    naturalbbject or  permanent  monument 

as  will  identify  the  claim.  O  n  each  claim 
located  after  the  tenth  day  of  May.  eighteen  hun- 
dred and  seventy-two,  and  until  a  patent  has 
been  issued  therefor,  not  less  than  one  hundred 
dollars'  worth  of  labor  shall  be  performed  or 
improvements  made  during  each  year.  On  all 
claims  located  prior  to  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two,  ten  dollars* 
worth  of  labor  shall  be  performed,  or  improve- 
ments made  by  the  tenth  day  of  June,  eighteen 
hundred  »nd  seventy-four,  and  each  year  there- 
after, for  each  one  hundred  feet  in  length  along 
the  vein,  until  a  patent  has  been  issued  therefor; 
but  whare  such  claims  are  held  In  common, 
such  expenditure  may  be  made  upon  any  one 
claim ;  and  upon  a  failure  to  comply  with  these 
conditions,  the  claim  or  mine  upon  which  such 
failure  occurred  shall  be  open  to  relocation  in 
the  same  manner  as  if  no  location  of  the  same 
had  ever  been  made,  provided  that  the  original 
locators,  their  heirs,  assigns,  or  legal  represen- 
tatives, have  not  resumed  work  upon 
Porfeituro.  the  claim  after  failure  and  before 
such  location.  Upon  the  failure  of  any 


72 


T«XT  or  O.  8.  STATUTjBS. 


ona  of  several  oo-owners  to  contribute  his  pro- 
portion of  the  expend  Itores  requirod  hereby,  the 
co-owners  who  hafe  performed  the  labor  or 
made  the  improvements  may,  at  the  expiration 
o?the  year,  give  suoh  delinauont  co-owner  per- 
gonal notice  in  writing  or  notice  by  publication 
in  the  newspaper  Published  nearest  the  claim, 
for  ac  least  once  a  week  for  ninety  days,  and  if 
at  the  expiration  of  ninoty  days  after  such  notice 
in  writing  or  by  publication  such  del?xtquent 
should  fail  or  refuse  to  contribute  hi»  proportion 
of  the  expendlturt  required  by  this  section,  hia 
interest  in  the  claim  shall  become  the  property 
of  his  oo-owners  who  have  made  the  required 
expenditures. 

Amendment  of  1876— Labor  by  Tunnel.— 
That  section  two  thousand  three  hundred  and 
twenty-four  of  the  lievised  Statutes,  be.  ead  the 
same  in  hereby,  amended  so  that  where  a  person 
or  company  has  or  may  run  a  tunnel  for  the 
purposes  of  developing  a  lode  or  lodes,  owned 
by  st»id  i)«r8on  or  company,  the  money  so  ex- 
perxded  in  said  tunnel  ahall  be  taken  and  con- 
sidored  as  expended  on  said  lode  o.*  lodes, 
whether  located  prior  to  or  since  the  pt»ssage 
ct  Baid  act ;  and  such  person  or  company  shall 
not  bb  required  to  perFoi  m  work  on  the  surface 
cf  said  lode  or  lodes  in  order  to  hold  the  same 
fts  required  by  said  act. 

Amendment  of  1880— Annual  Labor  Period 

Fixed. —  That  section  twenty-three  hundred 
and  twenty-four  of  the  Kevised  Statutes  of  the 
United  States  be  amended  by  adding  the  follow- 
ing wordE .  **  Provided,  That  the  period  within 
-whiah  the  work  requirod  to  be  done  annually  on 


X, 


■■,'-«■«.;>»  ■■■JMaiafessaiiegr.i^a^ 


"lifiimiiiw 


TEXT  OF  U.  8.  STATUTIS. 


731 


all  unpatented  mineral  claims,  shall  (sommen^ 
on  the  first  day  of  January  sucoeecUng  the  date 
of  looation  of  such  claim,  and  this  section  shall 
apply  to  all  claims  located  since  the  tenth  day 
of  May,  Anno  Domini  eighteen  hundred  and 
seventy -two." 

Application  fojp  Patent.— I  28'  ^».— A  patent 
for  any  land  claimed  and  iooated  tor  valuable 
deposits  may  bo  obtained  in  the  following  man- 
ner: Any  person,  association,  or  corporation 
authorized  to  locate  a  claim  under  this  chapter, 
having  claimed  and  located  a*  piece  of  land  for 
such  purposes,  who  has,  or  have,  complied  with 
the  terms  of  this  chapter,  may  file  in  the  proper 
land  ofitice,  an  application  for  a  patcmt,  under 
oath,  showing  such  oorapliance,  together  with 
a  plat  and  field  notes  of  the  claim  or  claims  in 
common,  made  by  or  under  the  direction  of  the 
United  States  surveyor-general,  showing  ac- 
curately the  boundaries  of  the  claim  or  claims, 
which  shall  be  distinctly  marked  t  y  monuments 
on  the  ground,  and  shall  post  a  copy  of  such 
plat,  together  with  a  notice  of  such  application 
for  a  patent,  in  a  conspicuous  i>lace  on  the  land 
embraced  in  such  plat  previous  to  the  filing  of 
the  application  for  a  patent,  and  rhall  file  an 
affidavit  of  at  least  two  persons  that  such  notice 
has  been  duly  posted,  and  shall  file  a  copy  of  the 
notice  in  such  land  office,  and  shaU  thereupon 
be  entitled  to  a  patent  for  the  lan<^,  in  the  man- 
ner fol'cyfing:    The  register  of  tta  land  office, 

upon  the  filing  of  such  application, 

6o  Days'       plat,  field  notes,  notices  and  afll- 

PubliG«tio«i.    davits,  shall  publish  a  notice  that 

such  application  has  beea*made, 
for  the  period  of  sixty  days,  in  a  newspaper  to  bt 


wffmfum 


TEXT  or  U.  S.  STATUTES. 

hy  him  designated  as  pubHshod  nearest  to  such 
Qimim ;  and  he  ehall  also  post  suoh  notice  in  his 
o^cofortho  samo  period.   The  claimant  at  the 
^'*we  of  fllinfir  this  application,  or  at  any  time 
^mttitor,  within  the  sixty  days  of  publication, 
shall  file  with  the  register  a  oer* 
B<>^  '!^tl**^*'    Uiamte  of  the  United  States  sur- 
veyor-general that  five  hundred 
dollars'  worth  of  labor  has  been  expended  or 
Improvemer.ts  rBado  upon  tlie  claim  by  himself 
or  4?rantorR;  that  the  plat  is  correct,  with  suoh 
further  description  by  sufh  rciferonoe  to  natural 
objects  or  permanent  monuments  as  shall  iden- 
tify the  claim,  and  furnish  an  accurate  descrip- 
tion, to  be  incorporated  in  the  patent.    At  the 
expiration  of  the  sixty  days  of  publication  the 
claimant  nhall  file  his  affidavit,  showing  that 
the  plat  and  notice  have  been  posted  in  a  con- 
spicuous place  on  the  claim  during  such  period 
of  publication.    If  no  adverse  claim 
Adverse     shall  have  been  flied  with  the  register 
Clahti.      and  the  receiver  of  the  proper  land 
office  at  the  expiration  of  the  sixty 
days  of  publication,  it  shall  be  assumed  that  the 
applicant  is  entitled  to  a  patent,  upon  the  pay- 
meut  to  the  proper  officer  of  five  doihirs  per  acre, 
and  that  no  adverse  claim  exists  ;  and 
$5  P«r     thereafter  no  objection  from  third  par- 
Acre,     ties  to  the  issuance  of  a  patent  Rhall  be 
heard,  e xoept  it  bo  shown  that  tit  li- 

cant  has  failed  to  comply  with  the  terms  of  this 
chapter. 

▲moQclment  of  1880.  -  Applicatians  by 
Broii"Be«id©nta.— That  seetion  twenty-three 
hundmd  and  twenty-live  of  the  Bevised  HtatuU; 
of  the   United  State*-  be  aauHi4«d  by  adding 


i-  f 


iff-''i1iiiiirrtairi-''''-^iw'a^'Sii^iitit»-- 


TEXT  or  U.  B,  STATUTES. 


75 


' 


thereto  the  folio wiag  words:  '*  Provided,  That 
where  the  olaimanl  for  a  patent  is  not  a  resident 
of  or  within  the  land  district  wherein  the  vetn» 
lode,  lodge,  or  deposit  sought  to  be  pattMited  is 
located,  the  application  for  patent  aod  the  affi- 
davits required  to  be  made  in  this  section  by  the 
claimant  for  such  patent  may  be  made  by  his, 
her,  or  its  authorized  agent,  where  said  agent  is 
conversant  with  the  facts  sought  to  be  estab- 
lished by  said  affidavits :  AtuI  provixied.  That  this 
section  shall  apply  to  all  applloattons  now  pend- 
ing for  patents  to  mineral  lands.'* 

t;^ Adverse  Claims.--  §2326.-- Where  an  adverse 
oialm  is  Jlled  diirlng  the  period  of  publication,  it 
shall  be  upon  oath  of  the  person  or  persons  mak- 
ing the  same,  and  shall  show  the  nature,  bound- 
aries, and  extent  of  such  adve^-se  claim,  and  all 
proceediugg.  except  the  publication  of  notice  'and 
making  and  filing  of  the  affidavit  thereof ,  shall 
be  stayed  until  the  controversy  shall  have  been 

settled  or  decided  by  i  court  of 

Suit  Supporting   competent  jurisdictiOL\  or  the 

In  30  DAys.        adverse  claim  waived.    !•;  shall 

be  the  duty  of  the  adverse 
claimant,  within  thirty  days  after  filing' h's  claim, 
to  commence  proceedings  in  a  court  of  compe- 
tent jurisdiction,  to  determine  the  question  of 
the  right  of  possession,  and  prosecute  the  ^dnie 
with  reasonable  diligence  to  final  judgment:  and 
a  failure  so  to  do  shall  be  a  waiver  of  his  adverse 
oialm.  After  such  judgment  shall  have  be<3n 
slendered,  the  party  entitled  to  the  postiession  of 
the  claim,  or  any  portion  tiiereof.  may,  without 
giving  further  notice,  file  a  certified  copy  of  the 
judgment  roll  with  the  register  of  the  land  officer 


I 


76 


TKXT  OF  U.  B.  8TATUTR8. 


together  with  the  oertifioate  ot 
Proseedinffii  after  the  survsyor-^eDeral,  that  the 
Judgment.  requisite  amount  of  labor  has 
been  expended  or  improve- 
ments made  thereon,  and  the  description  requir- 
ed in  other  cases,  and  shall  pay  to  the  receiver 
five  dollars  per  acre  for  his  claim,  together  with 
the  proper  fees,  whereupon  the  whole  proceed- 
ings and  the  judgment  roll  shall  be  certified  by 
the  reglst^^r  to  the  Commissioner  of  the  General 
Land  Office,  and  a  patent  shall  issue  thereon  for 
the  claim,  or  such  portion  thereof  as  the  appli- 
cant shall  appear,  from  the  decision  of  the  court, 
to  rightly  possess.  If  it  appears  from  the  decis- 
ion of  the  court  that  several  parties  are  entitled 
to  separate  and  different  portions  of  the  claim, 
each  party  may  pay  for  his  portion  of  the  claim, 
with  the  proper  fees,  and  file  the  certificate  and 
description  by  the  surveyor-general,  whereupon 
the  register  shall  certify  the  proceedings  and 
Judgment  roll  to  the  Commissioner  of  the  Gen- 
eral Land  Oifice,  as  in  the  preceding  case,  and 
patents  shall  issue  to  the  several  parties  accord- 
ing to  their  respective  rights.  Nothing  herein 
contained  shall  be  construed  to  prevent  the 
alienation  of  the  title  conveyed  by  a  patent  for  a 
mining  claim  to  any  person  whatever. 

Amendment  of  1881.— TiUe  in  Neither 
Party. —That  if,  in  any  action  brought  pursuant 
to  section  twenty-three  hundred  and  twwnty-six 
of  the  Revised  Statutes.  titl(  to  the  ground  in 
controversy  shall  not  be  established  by  either 
party,  the  jury  shall  so  find,  and  judgm'3nt  shall 
be  entered  according  to  the  verdict.  In  such 
^jase  costs  shall  not  be  allowed  to  either  party, 
i»nd  the  ciaiiigiant  shall  nut  proceed  in  tiio  land 


TEXT  OF  U.  S.  STATUTES. 


rr 


^ 


I 

I 


^ 


78 


TBXT  OF  U.  ».  STA.TUTES. 


riffiae  or  be  entitled  to  a  patent  for  the  ground  In 
oontro  versy  until  he  shall  have  perfected  his  title. 

Amendments  of  1892. —Adverse  by  Agrent 
for  Non-Besidents.  —  That  tho  adverse  claim 
required  by  section  tweniy-tnree  hundred  and 
twenty- six  of  the  Revised  Statutes  may  be  verl- 
f!od  by  the  oath  of  any  duly  authorized  agent  or 
attorney-in-fact  of  the  advoi'se  olaimant  cogni- 
zant of  the  facts  stated ;  and  the  adverse  claim- 
ant, if  residing  or  at  the  time  being  beyond  the 
limits  of  the  district  wherein  the  claim  is  situated 
may  make  oath  to  the  adverse  claim  before  the 
olerk  of  any  court  of  record  of  the  United  States 
or  of  the  State  or  Territory  where  the  adverse 
claimant  may  then  be,  or  before  any  notary  pub- 
lic of  such  State  or  Territory. 

Idem.~-Afadavittt  Out  of  Land  District.— 
That  applicants  for  mineral  patents.  If  residing 
beyond  the  limits  of  tho  district  wherein  the 
claim  is  situated,  may  mak<>  any  oath  or  afQdavit 
reqiiired  for  proof  c>'  oitizeuship  before  the  clerk 
of  any  court  of  record  or  bafore  any  notary  pub- 
lic of  any  Btf^^r  or  Territory. 

Survey.—  §  2327.— The  description  of  vein  or 
lode  claims,  upon  surveyed  lands,  shall  desig- 
nate the  location  of  tho  claim  with  reference  to 
the  lines  of  the  public  surveys,  but  need  not 
conform  therewith ;  but  where  a  patent  shall  be 
issued  for  claims  upon  unsurveyed  lands,  the 
surveyor-general,  in  extending  the  surveys,  shall 
adjust  the  same  to  the  boundaries  of  such  pat- 
ented claim,  according  to  the  plat  or  description 
thereof,  but  so  as  in  no  case  to  Interfere  with  or 
change  the  location  of  any  sucii  patented  claiir. 


-   4=V 


-'■■^-•' 


TEXT  OF  U.  H.  STATUTES. 


^D 


Previous  Applications. ~  §  2328.— Applica- 
tions for  patents  for  mining  claims  under  former 
laws  now  pending  may  be  prosecuted  to  a  llnal 

decision  in  the  General  Land 

Adverse  Rights    Ofdoe;  but  in  such  oases  where 

Excepted.        adverse  rights  aro  not  affeoted 

thereby,  patents  may  issue  In 
pursuance  of  the  provisions  of  this  chapter;  and 
all  patents  for  mining  claims  upon  veins  or  lodes 
heretofore  issued  shall  convey  all  the  rights  and 
privileges  conferred  by  this  chapter  where  no 
adverse  rights  existed  on  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two. 

Plaoers  Open  to  Entry.—  §  2329.—  Claims  us- 
ually called  "placers."  including  all  forms  of 
deposit,  excepting  veins  of  Quartz,  or  other  rock 
in  place,  shall  be  subject  to  entry  and  patent, 
under  like  circumstances  and  conditions,  and 
upon  similar  proceedings,  ar.  are  provided  for 
vein  or  lode  claims;  but  where  the  lands  have 
been  previously  surveyed  by  the  Unit,ed  States, 
the  entry  in  its  exterior  limits  shall  conform  to 
the  legal  subdivisions  of  the  public  lands. 

Legal  Subdivision  of  Placen5j.--S  2330.-~ 

Legal  subdivisions  of  forty  acres  mtiy  be  sub- 
divided into  ten-acre  tracts;  and  two  or  more 
persons,  or  associations  of  persons,  having  con- 
tiguous claims  of  any  size,  although  such  claims 
may  be  less  than  ten  acres  each,  may  mako  joint 
entry  thereof;  but  no  location  of  a  placer  claim, 
made  after  the  ninth    day  of  July,  eighteen 

hundred  and  seventy,  shall  exceed 
i6o>4ere  one  hundred  and  sixty  acres  for  any 
Placers,     one  person  or  association  of  persons, 

which  location  shall  conform  to  the 


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80 


TEXT  OF  U.  S.  STATUTIS. 


United  States  surveys;  and  nothing  in  this  sec- 
tion contained  shall  defeat  or  impair  any  bona 
fide  pre-emption  or  homestead  claim  upon  airri- 
oultural  lands,  or  authorize  the  sale  of  the  im- 
provements of  any  bona  fide  settler  to  any  pur- 
chaser. 

Placers   on  Snrreyed  Lands.— S  2331.— 

Where  placer  claims  ai*e  upon  survoyed  lands, 
and  conform  to  legal  subdivisions,  no  further 
survey  or  plat  shall  bo  required,  and  all  i)hvcer 
mining  claims  located  after  the  tenth  day  of 
May,  eighteen  hundred  and  seventy-two,  shall 
conform  as  near  as  practicable  with  the  United 
States  system  of  public  land  surveys,  and  the 
rectangular  subdivisions  of  such  surveys,  and 
no  such  location  shall  include  more  than  twenty 
acres  for  each  individual  claimant;  but  where 
placer  claims  cannot  be  conformed  to  legal  sub- 
divisions, sun^ey  and  plat  shall  be  made  as  on 
unsurveyed  lands;  and  where  by  the  segrega- 
tion of  mineral  land  in  any  legal  subdivision  a 
quantity  of  agricultural  land  lens  than  forty 
acres  remains,  such  fractional  portion  of  agri- 
cultural land  may  be  entered  by  any  party  qiial- 
Ifled  by  law.  for  homestead  or  pre-emption  pur- 
poses. 

liimitations.  -*  !2832.— Where  such  person  or 
association,  they  and  their  grantors,  havo  held 
and  worked  their  claims  for  a  period  equal  to 
the  time  preserlbed  by  the  statute  of  limitations 
for  mining  claims  of  the  State  or  Territory  whert> 
the  same  may  be  situated,  evidence  of 
Liens,  such  possession  and  working  of  the 
claims  for  such  period  shall  be  sufll- 
cient  to  establish  a  right  to  a  patent  thereto 


iiiil 


■iniirtiiriiiifiti 


iMM 


TEtT  OP  U.  8.  STATITTE8. 


61 


under  this  chapter,  in  the  absenoo  of  any  ad- 
verse olaim;but  nothing  in  this  chapter  shall  be 
deemed  to  impair  any  lien  which  may  have 
attached  in  any  way  whatever  to  any  mining 
olaim  or  property  thereto  attached  prior  to  the 
IsHuanoe  of  a  patent. 

Placer  Olaim  Oontaining  Lode.— S  2333.-- 
Whore  the  same  person,  association,  or  corpora- 
tion is  in  possession  of  a  placer  chiim,  and  also 
a  vein  or  lode  Included  within  the  boundaries 
thereof,  application  shall  be  made  for  a  patent 
for  the  placer  claim,  with  the  statement  that  it 
includes  such  vein  or  lode,  and  in  such  case  a 
patent  shall  issue  for  the  placer  olaim,  subject 
to  the  provisions  of  this  chapter,  including  such 
vein  or  lode,  upon  the  payment  of  five  dollars 
per  acre  for  such  vein  or  lode  claim,  and  twenty- 
Ave  feet  of  surface  on  each  side  thereofv  The 
remalndeir  of  the   placer  claim,  or  any  placer 

claim  not  embracing  any  vein  or 

Placers  $2.50   lode  claim,  shall  be  paid  for  at  the 

per  acre.       rate  of  two  dollars  and  fifty  cents 

per  acre,  together  with  all  costs 
of  proceedings;  and  where  a  vein  or  lode,  such 
as  is  described  in  section  twenty-three  hundred 
and  twenty,  is  known  to  exist  within  the  bound- 
aries of  a  placer  olaim,  an  application  for  a 
patent  for  such  plac*)r  claim  which  does  not  in- 
clude an  application  for  the  vein  or  lode  claim 
shall  be  construed  as  a  conclusive  declaration 
that  the  claimant  of  the  placer  claim  hae  no 
rigkt  of  possession  of  the  vein  or  lode  claim;  but 
where  the  exiotenoe  of  a  vein  or  lode  in  a  placer 
claim  is  not  known,  a  patent  for  tTie  placer  claim 
shall  convey  all  valuable  mineral  and  other  de- 
posits within  the  boundaries  tl  eroof. 


82 


iiii!i;jiii,'x^a 


TEXT  OF  U.  S.  STATUTES. 


Deputy  Surveyor  and  Fees.  — S  2334.~-The 
surveyor-goDeral  of  the  United  States  may  ap- 
point In  eaoh  land  district  containing  mineral 
lands  as  many  competent  surveyors  as  shall 
apply  for  appointment  to  survey  mining  claims. 
The  expenses  of  the  survey  of  vein  or  lode 
claims,  and  the  survey  and  subdivision  of 
placer  claims  into  smaller  quantities  than  one 
hundred  and  sixty  acres,  together  with  the  cost 
of  publication  of  notices,  shall  be  paid  by  the 
applicanttt.  and  they  shall  be  at  liberty  to  obtain 
the  same  at  the  most  reasonable  rates,  and  they 
shall  also  be  at  liberty  to  employ  any  United 
States  deputy  surveyor  to  mako  the  survey. 
The  Commissioner  of  the  General 
Charges  lor  Land  Office  shall  also  have  power 
Publication,  to  establish  the  maximum  chars<is 
for  surveys  and  publication  of  no- 
tices under  this  chapter;  and.  in  case  of  exces, 
sive  charges  for  publication,  he  may  designate 
any  newspaper  published  in  a  land  district 
where  mines  are  situated  for  the  publication  of 
minirg  notices  in  such  district,  and  fix  the  rates 
to  be  charged  by  such  paper;  and,  to  the  end 
that  the  Commissioner  may  be  fully  informed 
on  the  subject,  each  applicant  shall  file  with  the 
register  a  sworn  statement  of  all  charges  and 
foes  paid  by,  such  applicant  for  publication  and 
surveys,  together  with  all  fees  and  money  paid 
the  register  and  the  receiver  of  the  land  of!lce, 
which  statement  shall  be  transmitted,  with  the 
other  papers  in  the  case,  to  the  Commissioner  of 
the  General  Land  Office, 

AflEldavitis  and  Proofs.  — §  2335— All  aftldavlts 
required  to  be  made  under  this  chapter  may  b»^ 
verified  before  any  officer  authorized  to  admia- 


II  i  Jrti^ 


^tm 


TEXT  OP  U.  8.  STATUTES. 


83 


Ister  oaths  within  the  land  district  where  the 
claims  majr  be  situated,  and  all  testimony  and 
proofs  may  be  taken  bt^foro  any  suoh  officer,  and, 
when  duly  certified  by  the  olTloer  taking  the 
same,  shall  hav«»  the  same  force  and  eflfeot  as  if 
taken  before  the  register  and  receiver  of  the 
land  office.  In  cases  of  contest  as  to  the  mineral 
or  agriiudtural  character  of  land, 
Agricultural  the  tt^stimony  and  proofs  may  bo 
Contest.  taken  as  herein  provided  on  per- 
sonal notice  of  at  least  ten  days  to 
the  opposing  party;  or  If  such  party  cannot  be 
found,  then  by  publication  of  at  least  once  a 
v7eek  for  thirty  days  in  a  newspaper,  to  be  des- 
ignated by  the  register  of  tlie  land  office  as  pub- 
lished nearest  to  the  location  of  such  land;  and 
the  register  shall  require  proof  that  such  notice 
has  been  given. 

'  Oross  Veins.— §  2336.— Where  two  or  more 
veins  intersect  or  cross  each  other,  priority  of 
title  shall  govern,  and  such  prior  location  shall 
be  entitled  to  all  ore  or  mineral  contained  within 
the  space  of  intersection;  but  the  subseauent 

location  shall  have  the  right  of 
Veins  Uniting     way  through  the  space  of  inter- 
on  the  Dip.       section  for  the  purpose  of  the 
cor  V.  nient  working  of  the  mine. 
And  where  two  or  !nor  >  veins  unite,  the  oldest  of 
I  prior  location  5ha,U  ta-kethe  vein  below  the  point 
of  union,  including  aii  the  space  of  intersection. 

Mill  Sites.— §  2337.~Where  non-mineral  land 

not  contiguous  to  the  vein  or  lode  Is  used  or 

occupied  by  the  proprietor  of  such  vein  or  lode 

|ior  mining  or  milling  purposes,  such  non-adja- 

foent  surfaco   ground   may  be   embraced  and 


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TEXT  OF  U.  8.  STATUTES, 


included  in  an  application  for  a  patent  for  such 
vein  or  lode^  and  the  same  may  be  patented 
therewith,  subject  to  the  same  preiiminary 
requirements  as  to  survey  and  notice  as  are 
applicable  to  veins  or  lodes ;  but  no  location 
hereafter  made  of  juch  non-adjacent  land  shall 
exceed  five  acres,  and  payment  for  the  same 
must  be  made  at  the  same  rate  as  fixed  by  this 
chapter  for  the  superficies  of  the  lode.  The 
owner  of  a  quartz  mill  or  reduction  works  not 
owning  a  mine  in  connection  therewith,  may 
also  receive  a  patent  for  his  mill  site,  as  provided 
in  this  section. 

Easements.-  §  2338.-'As  a  condition  of  sale. 
In  the  absence  of  necessary  legislation  by  Con- 
gress, the  local  legislature  of  any  State  or  Terri- 
tory may  provide  rules  for  working  mines, 
involving  easements,  drainage,  and  other  neces- 
sary means  to  their  complete  development:  and 
those  conditions  shall  be  fully  expressed  in  the 
patent. 

Water  Bights.  --  Appropriation.  —  §  2339.— 

Whenever,  by  priority  of  possession,  rights  to 
the  use  of  water  for  mining^  agricultural,  manu- 
facturing, or  other  purposes,  have  vested  and 
accrued,  and  the  same  are  recognized  and  ack- 
nowledged by  the  local  customs,  laws,  and  the 
decisions  of  co  arts,  the  possessors  and  owners 
of  such  vested  rights  shall  be  maintained  and 
protected  in  the  same ;  and  the  light  of  way  for 
the  construction  of  ditches  and  canals  for  the 
purposes  herein  specified  is  acknowiodged  and 
confirmed ;  but  whenever  any  person,  in  the  con- 
struction of  any  ditch  or  canal,  injures  or  dam- 
ages the  possession  of  any  settler  on  the  pubUo 


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TEXT  OF  U.  8.  STATUTES. 


■^ 


85 


domain,  the  party  committing  such  injury  or 
damage  shall  be  liable  to  the  party  injured  for 
such  injury  or  damage. 

Patents  Subject  tc  Water  Easements.— 
§  2340.— All  patents  granted,^r  pre-emption  or 
homesticads  allowed,  shall  be  subject  to  any 
vested  and  accrued  water  rights,  or  rights  to 
ditches  and  reservoirs  used  in  connection  with 
such  water  rights,  as  may  have  been  acquired 
under  or  recognized  by  the  preceding  section. 

Homesteads.— §  2341. -Wherever,  upon  the 
lands  heretofore  designated  as  mineral  lands, 
which  have  been  excluded  from  survey  and  sale, 
there  have  been  homesteads  made  by  citizens  of 
the  United  States,  or  persons  who  have  declared 
their  intention  to  become  citizens,  which  home- 
steads have  been  made,  improved,  and  used  for 
agricultural  purposes,  and  upon  which  there 
have  been  no  valuable  mines  of  gold,  silver,  cin- 
nabar, or  copper  discovered,  and  which  are 
properly  agricultural  lands,  the  settlers  or  own- 
ers of  such  homesteads  shall  have  a  right  of 
pre-emption  thereto,  and  shall  be  entitled  to 
purchase  the  same  at  the  price  of  one  dollar  and 
twenty-five  cents  per  acre,  and  in  quantity  not 
to  exceed  one  hundred  and  sixty  acres ;  or  they 
may  avail  themselves  of  the  provisions  of  chapter 
five  of  this  Title,  relo,ting  to  **  Homesteads." 

Segregation  of  Agrrictilttiral  Lands. — 

§  2342.—Upon  the  survey  of  the  lands  described 
in  the  preceding  section,  the  beoretary  of  the 
Interior  may  designate  and  set  apart  such  por- 
tions of  the  same  as  are  clearly  agricultural  lands, 
which  lands  shall  thereafter  be  subject  to  pre- 
emption and  sale  as  other  public  lands,  and  be 


mmmoi 


mmm 


86 


TEXT  OF  U,  S.  STATUTES. 


subject  to  all  tho  laws  and  regulations  applicable 
to  the  same. 

Land  Districts. —  §  2343.— The  President  is 
authorized  to  establish  additional  land  districts, 
and  to  appoint  tho  necessary  officers  under 
existing  laws,  wherever  he  may  deem  the  same 
necessary  for  the  public  convenience  in  execut- 
ing the  provisions  of  this  chapter. 

Vested  Rights. ~§  2344.— Nothing  contained 
in  this  chapter  shall  be  construed  to  impair,  in 
any  way,  rights  or  interests  in  mining  property 
acquired  under  existing  laws;  nor  to  affect  the 
provisions  of  the  act  entitled  "  An  act  granting 
to  A.  Sutro  the  right  of  way  and  other  privileges 
to  aid  in  the  construction  of  a  draining  and 
exploring  tunnel  to  the  Oomstock  lode,  in  the 
State  of  Nevada,"  approved  July  twenty-live, 
eighteen  hundred  and  sixty- six.         < 

§  2345.— Excepts  Michigan,  Wisconsin  and 
Minnesota.* 

State  and  Railroad  Qrajits.— §  2346.— No  act 
passed  at  the  first  session  of  the  Thirty -eighth 
Congress,  granting  lands  to  States  or  corpo- 
rations to  aid  in  the  construction  of  roads  or  for 
other  purposes,  or  to  extend  the  time  of  grants 
made  prior  to  the  thirtieth  day  of  January, 
eighteen  hundred  and  sixty-five,  shall  be  so  con- 
strued as  to  embrace  mineral  lands,  which  in  all 
cases  are  reserved  exclusively  to  the  United 
States,  unless  otherwise  specially  provided  in 
the  act  or  acts  making  the  grant. 

As  to  lands  on  Military  Reservations,  see  Act 
of  July  5, 1884. 

*By  Act  of  May  5,  1876,  Mls'^ourl  and  Kansas  are  ex- 
cepted from  the  operation  of  the  Mining  Act.  By  Act  of 
March  3,  188H,  Alabama  is  excepted. 


r: 


miMt 


iablo 


and 


LAND  OFFICE  RULES,  REVISED  DECEM- 
BER 10,  1891. 


Re-Issued  by  the  General  Land  Office, 
December  x,  1894. 


MINERAL  LANDS    OPEN    TO    EXPLORATION,  OCCU- 
PATION AND  PURCHASE. 

1.  It  will  bo  peroeived  that  by  the  foregoing 
provisions  of  law  the  mineral  lands  in  the  public 
domain,  surveyed  or  unp.urveyed,  are  open  to 
exploration,  occupation,  and  purchase  by  all 
citizens  01  the  United  States  and  all  those  who 
have  declared  their  intention  to  become  such. 

2.  Status  of  Lode  Olaims  Located  Prior  to 
May  10>  1872»~-By  an  examination  of  the  sev- 
eral sections  of  the  Bevised  Statutes  it  will  be 
seen  that  the  status  of  lode  olaims  loo&ted  pre^nom 
to  the  10th  May,  1872,  is  not  changed  with 
regard  to  their  extent  along  the  lode  or  width  of  sur^^ 
face. 

3.  Side  Veins,  Additional  Ghraiit  )f.— -Mining 
rights  aociuired  under  such  previous  locations 
are,  however,  enlarged  by  such  Revised  Statutes 
in  the  following  respect,  viz.:  The  locators  of 
all  such  previously  taken  veins  or  lodes,  their 
heirs  and  assigns,  so  long  as  they  comply  with 
the  laws  of  Congress  and  with  State,  Territorial, 
or  local  regulations  not  in  conflict  therewith, 

87 


Mmm 


1^ 


PHUP 


'mmm 


l|IW,yiy]IIJ..    .I|W1":'II,»?JH» 


88 


LAND  OFFICE  RULES. 


governing  mining  claims,  are  invested  with  the 
exclusive  possessory  right  of  ell  the  surface  n 
included  within  the  lines  of  their  locations,  and 
of  all  veins,  lodes,  or  ledges  throughout  their 
entire  depth,  the  top  or  apex  of  which  lies  inside 
of  such  surface  lines  extended  downward  verti- 
cally, although  such  veins,  lodes,  or  ledges  may 
so  far  depart  from  a  perpendicular  in  their 
course  downward  as  to  extend  outside  the  ver- 
tical side  lines  of  such  locations  at  the  surface, 
it  being  expressly  provided,  however,  that  the 
right  of  possession  to  such  outside  parts  of  said 
veins  or  ledges  shall  be  confined  to  such  por- 
tions thereof  as  lie  between  vertical  planes 
drawn  downward,  as  aforesaid,  through  the  end 
lines  of  their  locations  so  continued  in  their  own 
direction  that  such  planes  will  intersect  such 
exterior  parts  of  such  veins,  lodes,  or  ledges;  no 
right  being  granted,  however,  to  the  olaim&nt  of 
such  outside  portion  of  a  vein  or  ledge  to  enter 
upon  the  surface  location  of  another  claimant. 

4.  Idem.— It  is  to  be  distinctly  understood, 
however,  that  the  law  limits  the  possessory 
right  to  veins,  lodes,  or  ledges,  other  than  the 
one  named  in  the  original  location,  to  such  as 
were  not  adversely/  claimed  on  May  lo,  1872,  and  that 
where  such  other  vein  or  ledge  was  so  adversely 
claimed  at  that  date,  the  right  of  the  party  so 
advertieiy  claiming  is  in  no  way  impaired  by  the 
provisions  of  the  Revised  Statutes. 

5.  Annual  Labor  on  Old  I«ooation&.-~In 

order  to  hold  the  possessory  title  to  a  mining  \^ 

claim  located  prior  to  May  10,  1872,  and  for 
which  a  patent  has  not  been  issued,  the  law 
requires  that  ten  cf<aiars  shall  be  expended  annu- 


iiiHbaiftiii&H 


LAND  OFFICE  BULES. 


89 


ally  in  labor  or  improvements  on  each  claim  of 
one  hundred  feet  on  the  course  of  the  vein  or  lode 
until  a  patent  shall  have  boon  issued  thei*efor; 
but  where  a  number  of  such  claims  are  held  in 
common  upon  the  same  vein  or  lode,  the  aggrre- 
gate  expenditure  that  would  be  nece8sar  y  to  hold 
all  the  claims,  at  the  rate  of  ten  dollars  per  hun- 
dred feet,  may  be  made  upon  any  one  claim;  a 
failure  to  comply  with  this  requirement  in  any 
one  year  subjecting  the  claim  upon  which  such 
failure  occurred  to  re- location  by  other  parties, 
the  same  as  if  no  previous  location  thereof  had 
ever  been  made,  unless  the  claimants  under  the 
original  location  shall  have  resumed  work  there- 
on after  such  failure  and  before  such  re-loca- 
tion. The  first  annual  expenditure  upon  claims 
of  this  class  should  have  been  performed  subse- 
quent to  May  10, 1872,  and  prior  to  January  1, 
1875.  From  and  after  January  1,  1875,  the  re- 
quired amount  must  be  expended  annually  until 
patent  issues.  By  decision  of  the  honorable 
Secretary  of  the  Interior,  dated  March  4, 1879, 
such  annual  expenditures  are  not  required  sub- 
sequent to  entry,  the  date  of  issuing  the  patent 
certificate  being  the  date  contemplated  by 
statute.     <> 

6.  Forfeiture.— Upon  the  failure  of  any  one 
of  several  co-owners  of  a  vein,  lode,  or  ledge, 
which  has  not  been  entered,  to  contribute  his 
proportion  of  the  expenditures  necessary  to 
hold  the  claim  or  claims  so  held  in  ownership  in 
common,  the  co-owners,  who  have  performed 
the  labor  or  made  the  improvements  as  required 
by  said  Revised  Statutes,  may,  at  the  expiration 
of  the  year,  give  such  delinquent  co-owner  per- 
sonal notice  in  writing,  or  notice  by  publi3atioa 


PliiiiPlllWVlRiHWi 


!■ 


90 


LAND  OFFICE  BUL.E8. 


in  the  newspaper  published  nearest  the  claim 
for  at  least  once  a  week  for  ninety  days;  and  if 
upon  the  expiration  of  ninety  days  after  such 
notice  in  writing,  or  upon  the  expiration  of  one 
hundred  and  eighty  days  after  the  flrst  news- 
paper publication  of  notice,  the  delinquent  co- 
owner  shall  have  failed  to  contribute  his  pro- 
portion to  meet  such  expenditures  or  improve- 
ments, his  interest  in  the  claim  by  law  passes  to 
hie  co-owners  who  have  made  the  expenditures 
or  improvements  as  aforesaid.  Where  a  claim  ant 
alleges  ownership  of  a  forfeited  interest  under 
the  foregoing  provision,  the  sworn  statement  of 
the  publisher  as  to  the  facts  of  publication,  giv- 
ing dates  and  a  printed  copy  of  the  notice  pub- 
lished, should  be  fm-nished,  and  the  claimant 
must  swear  that  tb/*  delinquent  co-owner  failed 
to  contribute  his  proper  proportion  within  the 
period  fixed  by  the  statute. 

7.  Patents  for  Veins  or  Lodes  Heretofore 
Issued.— Rights  under  patents  for  veins  or  lodes 
heretofore  granted  under  previous  legislation  of 
Congress  are  enlai-ged  by  the  Be  vised  Statutes  so 
as  to  invest  the  patentee,  his  heirs  or  assigns, 
with  title  to  all  veins,  lodes,  or  ledges  through- 
out their  entire  depth,  the  top  or  apex  of  which 
lies  within  the  end  and  side  boundary  lines  of  his 
claim  on  the  surface,  as  patented,  extended 
downward  vertically,  although  such  veins,  lodes, 
or  ledges  may  so  far  depart  from  a  perpendicular 
in  their  oour;>8  downward  as  to  extend  outside 
the  vertical  side  lines  of  the  cla,lm  at  the  surface. 
The  right  of  possession  to  such  outside  parts  of 
such  veins  or  ledges  to  be  confined  to  each  por- 
tions thereof  as  lie  between  vertical  planes 
drawn  downward  through  the  end  lines  of  the 


^ 


mtmrnmrnmiimmm^i^m 


IjANd  office  rules. 


91 


Between  1h£  Lakes, 


mm 


wmmm 


imm 


«2 


LAND  OFFICE  BULEB. 


olaims  at  the  surface,  so  continued  In  their  own 
direction  that  such  pianes  will  intersect  such 
exterior  parts  of  such  veins  or  ledges ;  it  being 
expressly  provided,  however,  that  all  veins, 
lodes,  or  ledges,  the  top  or  apex  of  which  lies 
inside  such  surface  locations,  ot?i£r  than  the  one 
named  in  the  patent,  which  were  adversely  claimed 
on  the  loth  May,  1872,  are  excluded  from  such  con- 
veyance by  patent. 

'  8.  Applications  for  patents  for  mining 
claims  pending  at  the  date  of  the  Act  of  May  10, 
1872,  may  be  prosecuted  to  final  decision  in  the 
General  Land  OlHoe.  and  where  no  adverse 
rights  are  affected  thereby,  patents  will  be  Issued 
in  pursuance  of  the  provisions  of  the  Revised 
Statutes. 

MANNER  OF  LOCATING  OLAIMS  ON  VEINS  OR  LODES 
AFTER  May  10,  1872. 

9.  liength  of  Claim.— From  and  after  the  10th 
May,  1872,  any  person  who  is  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention 
to  become  a  citizen,  may  locate,  record,  and  hold 
a  mining  claim  of  fifteen  Imndred  linear  feet  along 
the  course  of  any  mineral  vein  or  lode  subject  to 
location ;  or  an  association  of  persons,  severally 
<iualifled  as  above,  may  make  joint  location  of 
Buch  claim  of  fifteen  hundred  feet ^  but  in  no  event 
can  a  location  of  a  vein  or  lode  made  subsequent 
to  May  10,  1872,  exceed  fifteen  hundred  feet 
along  the  course  thereof,  whatever  may  be  the 
number  of  persons  composing  the  association. 

10.  Width,  Surface  Ghround.— With  regard 
to  the  extent  of  surface  ground  adjoining  a  vein 
or  lode,  and  claimed  for  the  convenient  working 
thereof,  the  Revised  Statutes  provide  that  the 


LAND  OFFICE  BULES. 


93 


lateral  extent  of  locations  of  veins  or  lodes  made 
after  May  10,  1872,  shall  in  no  case  exceed  three 
hundred  feet  on  each  side  qf  the  middle  of  tJie  vein  at 
the  mrface%  and  that  no  such  surface  rights  shall 
be  limited  by  any  mining  regulations  to  loss  than 
twenty-five  feet  on  each  side  of  the  middle  of  the 
vein  at  t^.e  surface,  except  where  adverse  rights 
existing  on  the  10th  May,  1872,  may  render  such 
limitation  necessary;  the  end  lines  of  such 
claims  to  be  in  all  cases  parallel  to  each  other^ 
Said  lateral  mearfurements  cannot  extend  be- 
yond three  hundred  feet  on  either  side  of  the 
middle  of  the  vein  at  the  surface,  or  such  di8« 
tance  as  is  allowed  by  local  laws.  For  example: 
400  feet  cannot  bo  taken  on  one  side  and  200  feet 
on  the  other.  If,  however,  300  feet  on  each  side 
are  allowed,  and  by  reason  of  prior  claims  but 
100  feet  can  be  taken  on  one  side,  the  locator 
will  not  be  restricted  to  less  than  300  feet  on  the 
other  side;  and  when  the  locator  does  not  de- 
termine by  exploration  where  the  middle  of  the 
vein  at  the  surface  is,  his  discovery  shaft  must 
bo  assumed  to  mark  such  point. 

11.  Size  of  Claim.  -By  the  foregoing  it  will 
be  perceived  that  no  lode  claim  located  after  the 
10th  May,  1872,  can  exceed  a  paralellogram 
fifteen  hundred  feet  in  length  by  six  hundred 
feet  in  width,  but  whether  surface  ground  of 
that  width  can  be  taken,  depends  upon  the  local 
regulu-tions  or  State  or  Territorial  laws  in  force 
in  the  several  mining^istricts ;  and  that  no  such 
local  regulations  or  State  or  Territorial  laws 
shall  limit  a  vein  or  lode  claim  to  less  than  fifteen 
hundred  feet  along  the  course  thereof,  whether 
the  location  is  made  by  one  or  more  persons,  nor 
can  surface  rights  be  limited  to  loss  than  fifty 


«4 


•LKim  OPFTCE  RULES. 


feet  in  width,  unless  adverse  claims  existing  on 
the  10th  day  of  May,  1872,  render  such  lateral 
limitation  necessary. 

12.  District  Bules.— It  is  provided  by  the 
Revised  Statutes  that  the  miners  of  each  district 
may  make  rules  and  regulations  not  in  conflict 
with  the  laws  of  the  United  States,  or  of  the 
State  or  Territory  in  which  such  districts  are 
respectively  situated,  governing  the  location, 
manner  of  recording,  and  amount  of  work  uxukajs^ 
sary  to  hold  possession  of  a  claim,  "hey  like- 
wise require  that  the  location  shall  be  so  dis- 
tinctly marked  on  the  ground  that  its  boundaries 
may  be  readily  traced.  This  is  a  very  important 
matter,  and  locators  cannot  exercise  too  much 
<}are  in  deflning  their  locations  at  the  outset,  in- 
asmuch as  the  law  requires  that  all  records  of 
mining  locations  made  subsequent  to  May  10, 
1872,  shall  contain  the  name  or  names  of  the 
locators,  the  date  of  the  location,  and  such  a 
description  of  t?ie  claim  or  claims  located,  by  refer- 
ence to  some  natural  object  or  permanent  monu- 
ment, as  will  identify  the  claim. 

13.  No  Record  Before  Discovery.— The 
statutes  provide  that  no  lode  claim  shall  be 
recorded  until  after  the  discovery  of  a  vein  or 
lode  within  the  limits  of  the  claim  located,  the 
object  of  which  provision  is  evidently  to  pre- 
vent the  appropriation  of  presumed  mineral 
ground  for  speculative  purpo|^es  to  the  exclusion 
of  bona  fide  prospectors,  before  sufficient  work 
has  been  done  to  determine  whether  a  vein  or 
lode  really  exists, 

14.  liocation  Notice.— The  claimant  should, 
therefore,  prior  to  locating  his  claim,  unless  the 


JJLVD  OFFICE  RULES. 


95 


vein  can  be  traced  upon  the  surface,  sink  a  sjaft, 
or  nin  a  tunnel  or  drift,  to  a  sufficient  depth 
therein  to  discover  and  develop  a  mineral  bear- 
ing vein,  lode,  or  crevice ;  should  determine,  if 
possible,  the  general  course  of  such  vein  in 
either  direotioii  ^»<^m  the  point  of  discovery,  by 
which  direction  h '.  vill  be  governed  in  making 
the  boundaries  o^  i  is  claim  on  the  surfa<M).  His 
location  notic*  ^hOs^ldgivo  the  couis*>  and  dis- 
tance as  nearly  as  r  ''acticable  from  the  discovery 
shafii  on  the  cl  ,im,  to  some  permanent,  v/ell 
known  points  or  objects,  siich,  for  instance,  as 
stone  monuments,  blazed  trees,  the  confluence 
of  streams,  point  of  interseot*'^r>  of  well  known 
gulches,  ravines,  or  roads,  prominent  buttos, 
hills,  etc.,  which  may  be  in  the  iramediare  vicin- 
ity, and  which  will  strve  to  perpetuate  and  Hx 
the  locus  of  the  claim  and  render  it  susceptible  of 
identification  from  the  description  thereof  civen 
in  tht)  record  of  locations  in  the  district,  and 
should  be  duly  recorded. 

16.  Adjoining  Claims.— Staking.— In  addi- 
tion to  the  foregoing  data,  the  claimant  should 
state  the  names  of  adj  oining  claims,  or,  if  n  one  ad- 
join, the  relative  positions  of  the  nearest  claims; 
should  drive  a  post  or  erect  a  monument  of 
stones  at  each  corner  of  his  surface  ground,  and 
at  the  point  of  discovery  or  discovery  shaft 
should  fix  a  post,  stake,  or  board,  upon  which 
should  be  designated  the  name  of  the  lode,  the 
name  or  names  of  the  locators,  the  number  of 
feet  claimed,  and  in  which  direction  from  the 
point  of  discovery ;  it  being  essential  that  ihe 
location  notice  filed  for  record,  in  addition  to  the 
foregoing  description,  should  state  whether  the 
entire  claim  of  fifteen  hundred  feet  is  taken  on 


96 


LAND  OFFICE  RULES- 


one  side  of  the  point  of  disoovery,  or  whether 
It  is  partly  upon  one  and  partly  upon  the  other 
side  thereof,  and  in  the  latter  case,  how  many 
feet  are  claimed  upon  each  side  of  such  disoovery 
point. 

36.  Record. —Within  a  reasonable  time,  say 
twenty  days  after  the  location  shall  have  been 
marked  on  the  ground,  or  such  time  as  is  allowed 
by  the  local  laws,  notice  thereof,  accurately  de- 
scribing the  claim  in  manner  aforesaid,  should 
be  filed  for  record  with  the  proper  recorder  of 
the  district,  who  will  thereupon  issue  the  usual 
certificate  of  location. 

17.  Annual  Labor  on  New  l40cations.~In 
order  to  hold  the  possessory  right  to  a  location 
made  since  May  10,  1872,  not  less  than  one 
hviidred  dollars'  worth  of  labor  must  be  per- 
formed, or  improvements  made  thereon  annually 
until  entry  shall  have  been  made.  Under  the 
provisions  of  the  Act  of  Congress  approved  Jan- 
uary 22, 1880,  the  first  annual  expenditure  be- 
comes due  and  must  be  performed  during  the 
^^alendar  year  succeeding  that  in  which  the  lo- 
cation was  made.  Expenditure  made  or  labor 
perfoimed  prior  to  the  first  day  of  January  suc- 
ceeding the  date  of  location,  will  not  be  consid- 
ered as  a  part  of,  or  applied  upon  the  first 
annual  expenditure  required  hy  law.  Failure  Lo 
make  the  expenditure  or  perform  the  labor 
required  will  subject  the  claim  to  re- location  by 
any  other  party  having  the  necessary  qualifica- 
tions, unless  the  original  locator,  his  heirs, 
assigns,  or  legal  representatives  have  resumed 
work  thereon  after  such  failure  and  before  such 
re-location. 


s'wy" 


LAND  OFFICE  RULES. 


07 


18.  The  Expenditures  Required  upon  Min- 
ing Claims  may  be  made  from  the  surface  or  in. 
running  a  tunnel  for  the  development  of  such 
claims,  the  Act  of  February  11, 1875.  providing 
that  where  a  person  or  company  has.  or  may. 
run  a  tunnel  for  the  purpose  of  developing  a 
lode  or  lodes  owned  by  said  person  or  company, 
the  money  so  expended  in  said  tunnel  shall  be 
taken  and  considered  as  expended  on  said  lode 
or  lodes,  and  such  person  or  company  shall  not 
be  required  to  perform  work  on  the  surface  of 
said  lode  or  lodes  in  order  to  hold  the  same. 

19.  The  importance  of  attending  to  these 
details  in  the  matter  of  location,  labor,  and  ex- 
penditure will  be  the  more  readily  perceived 
when  it  is  understood  that  a  failure  to  give 
the  subject  proper  attention  may  invalidate 
the  claim. 

TUNNEL  RIGHTS. 

20.  Tunnel  Rights.— Section  2323  provides 
that  where  a  tunnel  is  run  for  the  development 
of  a  vein  or  lode,  or  for  the  discovery  of  mines, 
the  owners  of  such  tunnel  shall  have  the  right  of 
possession  of  all  veins  or  lodes  within  three  thou- 
sand feet  from  the  face  of  such  tunnel  on  the 
lii  )  thereof,  not  previously  known  to  exist,  dis- 
covered in  such  tunnel,  to  the  scaie  extent  as 
if  discovered  from  the  surface;  and  locations  on 
the  line  of  such  tunnel  of  veins  or  lodes  not 
appearing  on  the  surface,  made  by  other  parties 
after  the  commencement  otthe  tunnel,  and  while 
the  same  is  being  prosecuted  with  reasonable 
dilig^ence  chall  be  Inv^id ;  but  failure  to  prose- 
cute the  work  on  the  tunnel  for  six  months  shall 
be  considered  as  an  abandonment  of  the  right 


!s^<«- -.» .-nei«<"«A|9(rc ' 


98 


LAND  OFFICE  BULES. 


to  all  undiscovered  veins  or  lodes  on  the  line  of 
said  tunnel. 

21.  Line  of  Timnel  Protected. —The  effect 
of  this  is  simply  to  give  the  proprietors  of  a  min- 
ing tunnel  run  in  good  faith,  the  possessory 
right  to  fifteen  iiundred  feet  of  any  blind  lodes 
cut,  disooviered  or  intt^rsected  by  such  tunnel, 
which'were  not  previously  known  to  exist,  within 
three  thousand  feet  from  the  face  or  point  of 
commencement  of  such  tunnel,  and  to  prohibit 
other  parties,  after  the  commencement  of  the 
tunnel,  from  prospecting  for  and  making  loca- 
tions of  lodes  on  the  line  tJiereof  and  within  said 
distance  of  three  thousand  feet,  unless  such 
lodes  appear  upon  the  surface  or  were  pre- 
viously known  to  exist. 

'  22.  The  term  **fa<je,"  as  used  in  said  sec- 
tion, is  construed  and  held  to  mean  the  first 
working  face  formed  in  the  tunnel,  and  to  sig- 
nify the  point  at  which  the  tunnel  actually 
enters  cover;  it  being  from  this  point  that  the 
three  thousand  feet  are  to  be  counted,  upon 
which  prospecting  is  prohibited  as  aforesaid. 

23.  Tunnel  Notice  and  Stakes.-- To  avail 
themselves  of  the  benefits  of  this  provision  of 
law,  the  proprietors  c?  a  mining  tunnel  will  be 
required,  at  the  time  they  enter  cover  as  afore- 
said, to  give  proper  notice  of  their  tunnel  location 
by  erecting  a  substantial  post,  board  or  monu- 
ment at  the  face  or  point  of  oommencoment 
thereof,  upon  which  should  be  posted  a  good 
aud  suflacient  notice,  giving  the  names  of  the 
particri  or  company  claiming  the  tunnel  right; 
the  actual  or  proposed  course  or  directio*"  of  the 
tunnel ;  the  height  and  width  thereof,  and  the 


cl 

t] 


m 


mmfimm. 


'mmimwf^m^ 


I.AND  OFFICE  BULES. 


9d 


course  and  distance  fiom  such  face  or  point  of 
commoncement  to  some  permanent,  well  known 
objects  in  the  v.  ^initv  by  wWoh  to  flxand  deter- 
mine the  locus  in  manner  heretofore  set  forth 
applicable  to  locations  of  veins  or  lodes,  and 
at  the  time  of  posting  such  notice  they  shall, 
in  order  that  miners  or  prospectors  may  be 
enabled  to  determine  whether  or  not  they  are 
within  the  lines  of  the  tunnel,  establish  the 
boundary  lines  thereof,  by  stf^kes  or  monuments 
l>laced  along  such  lines  at  proper  intervals,  to 
the  terminus  of  the  three  thousand  feet  from  the 
face  or  point  of  commencement  of  the  tunnel, 
and  the  lines  so  marked  will  define  and  govern 
as  to  the  specific  boundaries  within  which  pros- 
pecting for  lodes  not  previously  known  to  exist 
is  prohibited  while  work  on  the  tunnel  is  being 
prosoouted  with  reasonable  diligence* 

24.  Record  of  Tunnel.— At  the  time  of  post- 
ing notice  and  marking  out  the  lines  of  the 
tunnel  as  aforesaid,  a  full  and  correct  copy  of 
such  notice  of  location  defining  the  tunnel  claim 
must  be  filed  for  record  with  the  mining  recorder 
of  the  district,  to  wiiich  notice  must  be  attached 
the  sworn  statement  or  declaration  of  the  own- 
ers, claimants,  or  projectors  of  such  tunnel,  set- 
ting forth  the  facts  in  the  case,  stating  the 
amount  expended  by  themselves  and  the  prede- 
cessors in  interest  in  prosecuting  work  thereon; 
the  extent  of  the  work  performed,  and  that  it  is 
bona  fide,  their  intention  to  prosecute  work  on  the 
tunnel  so  located  and  described,  with  reasonable 
diligence  for  the  development  of  a  vein  or  lode, 
or  for  the  discovery  of  mines,  or  both,  as  the 
case  may  be^  This  notice  of  location  must  be 
duly  recorded,  and,  with  the  said  sworn  state- 


300 


LAND  OFFICE  BULBS. 


meat  attached,  kept  on  the  recorder's  files  for 
futuro  referenoe. 

25.  By  a  compliance  wich  the  foreffoin^ 
much  needless  difficulty  will  be  avoided,  and 

the  way  for  the  adjustment  of  legal  rights 
acquired  in  virtue  of  said  section  2323  will  be 
made  much  more  easy  and  certain. 

26.  Tunnel  Not  Worked.— This  office  will 
take  particular  care  that  no  improper  advantage 
is  tnken  of  this  provision  of  law  by  parties  mak- 
ing or  professing  to  make  tunnel  locations, 
ostensibly  for  the  purpose  named  in  the  statute, 
but  really  for  the  purpose  of  monopolizing  the 
lands  lying  in  front  of  their  tunnels  to  the  detri- 
ment of  the  mining  interests  and  to  the  exclusion 
of  bona  JUI^'^  prospectors  or  miners,  but  will  hold 
such  tunnel  claimants  to  a  strict  compliance  with 
the  terms  of  the  statutes;  and  a  reasonable  dili- 
getiee  on  their  part  in  prosecuting  the  work  is  one 
of  the  essential  conditions  of  their  implied  con- 
tract. Negligence  or  want  of  due  diligence  will 
be  construed  as  working  a  forfeiturr^  of  their 
right  to  all  undiscovered  veins  on  ta^  line  of 
such  tunnel. 

APPLICATION  FOR  PATENT. 

27.  Manner  of  Proceedinflr  to  Obtain  Gk>v- 
«mment  Title  to  Vein  or  Lode  01aJ^m3.-~By 
section  232ff  authority  is  given  for  granting 
titles  for  mines  by  patent  from  the  Government 
to  any  person,  association,  or  corporation  hav- 
ing the  necessary  qualifications  as  to  citizenship 
and  holding  the  right  of  possession  to  a  claim  in 
compliance  with  law . 

28.  Idem. —Survey. —The  claimant  is  re- 
quired in  the  first  place  to  have  a  correct  survey 


i>. 


^vm^f^vm  i,n !  i^vf  «"■.  .wviip' 


LAND  OFFICE  RULES. 


101 


t  of  his  claim  made  under  authority  of  the  survey  ^ 

or-general  of  the  State  or  Territory  in  which  the 
claim  lies :  such  survey  to  show  with  accuracy 
the  exterior  surface  boundaries  of  the  claim, 
which  boundaries  are  reauired  to  be  distinctly 
marked  by  monuments  on  the  ground-  Four 
plats  and  one  copy  of  the  original  field  notes,  In 
each  case,  will  be  prepared  by  the  surveyor- 
general  ;  one  plat  and  tho  original  field  notes  to 
be  retained  in  the  office  of  the  surveyor-general, 
o^ie  copy  of  the  plat  to  be  given  tho  claimant  for 
posting  upon  the  claim,  one  plat  and  a  copy  of 
the  field  notes  to  be  given  the  claimant  for  filing 
with  the  proper  register,  to  be  Anally  transmitted 
by  that  offieer,  with  other  papers  in  the  case,  to 
this  office,  and  one  plat  to  be  sent  by  the  sur- 
veyor-general to  the  register  of  the  proper  lan«i 
district  to  be  retained  on  his  flies  for  future  ref- 
erence. As  there  is  no  resident  surveyor-general 
for  the  State  cf  Arkansas,  applications  for  the 
survey  of  mineral  claims  in  said  State  should  be 
made  to  the  commissioner  of  this  office,  who, 
under  the  law,  is  ex  ojfftcio  the  U.  S.  surveyor- 
general. 

29.  Posting  Plat  on  the  Claim. —The  claim- 
ant is  then  required  to  post  a  copy  of  the  plat  of 
such  survey  in  a  conspicuous  place  upon  the 
claim,  together  with  notice  of  his  intention  to 
apply  for  a  patent  therefor,  which  notice  wii! 
giye  the  date  of  posting,  the  name  of  the  claim- 
ant, the  name  of  the  claim,  mine  or  lode ;  the 
mining  district  and  county;  whether  the  location 
is  of  record,  and,  if  so,  where  the  record  may  be 
found;  the  number  of  feet  claimed  along  the 
vein,  and  the  presumed  direction  thereof:  the 
number  of  feet  claimed  on  the  lode  in  each  direc- 


_ 


ijuouamaiMim 


^wr^^^w^, 


102 


LAND  OFFICE  KULES. 


tion  Aom  the  point  of  discovery,  or  other  well 
defined  place  on  the  claim  .  the  name  or  names 
of  adjoining  claimants  on  the  same  or  other 
lodes,  or,  if  none  adjoin,  the  names  of  the  aearest 
claims,  etc. 

30.  Laud  Offtce  Postingr.— After  posting  the 
said  plat  and  notice  upon  tno  premises,  the 
claimant  will  file  with  the  proper  register  and 
receiver  a  copy  of  such  plat  and  the  field  notes  of 
survey  of  the  claim,  accompanied  by  the  affidavit 
of  at  least  two  credible  wiunesses,  that  such  plat 
and  notice  are  posted  conspicuously  upon  the 
claim,  giving  the  date  and  place  of  such  posting; 
a  copy  of  the  notice  so  posted  to  b3  attached  to, 
and  form  a  part  of,  said  affidavit. 

31.  Statement  of  Claims. —  AccompaLying 
the  field  notes  so  filed  must  be  the  sworn  state- 
ment of  the  olaimaiit  that  ho  has  the  possessory 
ri£'ht  to  the  premises  therein  described,  in  virtue 
of  a  compliance  by  himself  (and  by  his  grantors, 
if  he  claims  by  purchase)  with  the  mining  rules, 
regulations,  and  customs  of  the  mining  district. 
State  or  Territory  in  which  the  claim  lies,  and 
with  the  mining  laws  of  Congress;  such  sworn 
statement  to  narrate  brif^fly,  but  as  clearly  as 
possible,  the  facts  constituting  such  compliance, 
the  origin  of  his  possession,  and  the  basis  of  his 
claim  to  a  patent. 

32.  Abstract  of  Title.— This  affidavit  should 
be  supported  by  ap^)ropriate  evidence  from  the 
mining  recorder's  office  as  to  his  possessory 
right,  as  follows,  viz :  Where  he  claims  to  be  tbo 
locator,  or  a  locator  in  company  with  others  who 
have  since  conveyed  their  interest  in  the  loca- 
tion to  him,  a  full,  true  and  correct  copy  of  such 


■xP"'', 


v. 


iiMii 


mtemtfi 


LAND  OFFICE  RULES. 


103 


<*> 


location  should  be  furnished,  as  the  same  appf^ars 
upon  the  mining  records;  suoh  copy  to  be 
attested  by  the  seal  of  the  recorder,  or  if  he  has 
no  seal,  then  he  should  make  oathilto  the  same 
being  oorroot,  as  shown  by  his  records.  Where 
the  applicant  claims  only  as  a  purchaser  for 
valuable  consideration,  a  copy  of  the  location 
record  must  be  filed  under  seal  or  upon  oath  as 
aforesaid,  with  an  abstract  of  title  from  the 
proper  recorder,  under  seal  or  oath  as  aforesaid, 
broug>it  down  as  near  as  practicable  to  date  of 
filing  the  application,  tracing  the  right  of  pos- 
session by  a  continuous  chain  of  conveyances 
from  the  original  locators  to  the  applicant,  also 
certifying  that  no  conveyances  affecting  the 
title  to  the  claim  in  question  appear  of  record 
in  his  office  other  than  those  set  forth  in  the 
aocompan  ying  abstract. 

33.  Lost  Records.— -In  the  event  of  the 
mining  records  in  any  case  having  been  de- 
stroyed by  fire  or  otherwise  lost,  affidavit  of  the 
fact  should  be  made,  and  secondary  evidence  of 
possessory  title  will  be  received,  which  may  con- 
sist of  the  affidavit  of  the  claimant,  supported 
by  those  of  any  other  parties  cognizant  of  the 
facts  relative  to  his  location,  occupancy,  posses- 
sion, improve  aaeiits,  etc.;  and  in  such  case  of 
lost  records,  any  deeds,  certiflct.bes  of  location 
or  purchase,  or  other  evidence  which  may  bo  in 
the  claimant's  possession  and  tend  to  establish 
his  claim,  should  be  filed. 

34.  Publisher's'  Contract.— Upon  the  receipt 
of  these  papers,  the  register  will,  at  the  expense 
of  the  claimant  (who  must  furnish  the  a^ee- 
ment  of  the  publisher  to  hold  applicant  for 


Mm 


104 


liAND  OFFTCK  BULKS. 


patftut  alone  responsible  for  chaiges  of  publioa- 
tion),  publish  a  notice  of  i.uch  application  for  the 
period  of  sixty  s  in  a  newspaper  published 
nearest  to  the  cmlm,  and  will  pose  a  copy  of  such 
notice  in  his  office  for  the  same  period.  When 
the  notice  is  published  in  a  toc«A;2y  newspaper  ten 
conseout'vo  insertions  are  necessary;  when  in  a 
daily  newspaper  the  notice  must  appear  in  each 
issue  for  sixty-one  consecutive  issues,  the  first 
day  of  is8i:!e  bein^  excluded  in  estimatinsr  the 
period  of  sixty  days. 

35.  Notice  Must  be  ;?ulL— The  notices  so 
published  and  posted  must  be  as  full  and  com- 
plete as  possible,  and  embrace  all  the  data  given 
in  the  notice  posted  upon  the  claim. 

36.  Too  mucli  care  cannot  be  exercised  in 
the  preparation  of  these  notices,  inasmuch  as 
upon  their  accuracy  and  completeness  will  de- 
pend, in  a  great  measure,  the  regularity  and 
validity  ct  the  whole  proceeding, 

37.  Choice  of  Newspaper. —In  the  publica- 
tion of  final  proof  notices  the  register  has  no 
discretion  under  the  law  to  designate  any  other 
than  the  newspaper  **n3arest  the  land"  for  such 
purpose  when  such  paper  is  a  newspaper  of 
generid  circulation.  Bat  he  will  in  all  cases 
designate  the  newspaper  of  goneral  circulation 
that  is  published  nearest  the  land,  geograph- 
ically measured.  When  two  or  more  such  news- 
papers are  published  in  the  same  town,  nearest 
the  land,  he  may  select  the  one  which,  in  his 
honest  and  impartiii  Judgment  as  a  public 
oflacer,  will  best  subserve  the  purpose  of  the  law 
and  the  general  interests  of  the  public. 


^ 


liAND  OFFICE  BULES. 


105 


38.  Newspaper  ohargres  must  not  exceed 
the  rates  established  by  this  oflloe  for  the  publi- 
cation of  legal  notices. 

39.  Surveyor-General^s  Certificate  of  $500 
Improvements." The  claimant,  either  at  the 
time  of  filing  these  papers  with  the  regist^^r  or 
at  any  time  dnring  the  sixty  days'  publication, 
is  required  to  file  a  certificate  with  the  surveyor- 
genera!  that  not  less  than  five  hundred  dollars* 
worth  of  labor  has  been  expended  or  improve- 
ments made  upon  the  claim  by  the  applicant  or 
his  grantors;  that  the  plat  filed  by  the  claimant 
is  correct;  that  the  field  notes  of  the  survey,  as 
filed,  furnish  such  an  accurate  description  of 
the  claim  as  will,  if  incorporated  into  &■  patent, 
serve  to  fully  identify  the  premises,  and  that 
such  reference  is  made  therein  to  natural  objects 
or  permanent  monuments-  as  will  perpetuate  and 
fix  the  ioeus  thereof. 

40.  Idem.— It  will  be  thu  more  convenient 
way  to  have  this  certifieatf)  indorsed  by  the 
surveyor-general,  both  upon  the  plat  and  field 
notes  of  survey  filed  by  the  claimant  as  aforesaid. 

41.  :Froo:f  of  Plat  Remaining  Posted.-  After 

the  sii.ty  days*  period  of  newspaper  publication 
has  expired,  the  claimant  will  furnish  from  the 
office  of  publication  a  sworn  statement  that  vhe 
notice  was  published  for  the  statutory  period, 
giving  the  first  and  last  day  of  such  publication, 
and  his  own  affidavit  showing  that  the  plat  and 
notice  aforesaid  remained  conspicuously  posted 
upon  the  claim  sought  to  be  patented  during  said 
sixty  days*  publication,  giving  the  dates. 

42.  Entry.— Statements  of  Sums  Paid.— 

Upon  the  filing  of  this  affidavit  the  register 


ittttii 


Nl 


mm 


m 


106 


LAND  OFFICE  BULKS, 


will,  if  no  adverse  claim  was  tiled  in  his  office 
during  the  period  of  piiblicatiou,  permit  the 
olaimaat  to  pay  for  the  land  according  to  the 
area  given  in  the  plat  and  field  notes  of  survey- 
aforesaid,  at  the  rate  of  five  dollars  for  each 
acre  and  five  dollars  for  each  fractional  part  of 
«.a  acre,  the  receiver  issuing  the  usual  duplicate 
receipt  thereior.  The  claimant  will  also  make  a 
sworn  statement  of  all  charges  and  fees  paid  by 
him  for  publication  and  surveys,  together  with 
8.11  fees  and  money  paid  the  register  and  receiver 
of  the  land  office;  after  which  the  whole  matter 
wlh  'je  forwarded  to  the  Commissioner  of  the 
General  Land  Office  and  a  patent  issued  thereon 
If  found  regular. 

43.  Proof  of  Posting  in  Land  Office. —In 
sending  up  the  papers  in  the  case  the  register 
must  not  omit  certifying  to  the  fact  that  the 
notice  was  posted  in  his  office  for  the  full  period 
of  sixty  days,  such  certificate  to  state  distinctly 
when  such  posting  was  done  and  how  long  con- 
tinued. 

44.  The  consecutive  series  of  numbers  of 
mineral  entries  must  be  continued,  whether  the 
same  are  of  lode  or  placer  claims  or  mill  sites. 

45.  Saries  of  Numbers. —  The  surveyors- 
general  shouM  designate  all  surveyed  mineral 
claims  by  a  progressive  series  of  numbers,  be- 
ginning with  survey  No.  37,  irrespective  as  to 
whether  they  are  situated  on  surveyed  or  unsur- 
veyed  lands,  the  claim  to  be  so  designated  at 
the  date  of  issuing  the  order  therefor,  in  addi- 
tion to  the  local  designation  of  the  claim.  It 
being  requirad  in  all  cases  that  the  plat  and 
field  notes  of  the  survey  of  a  claim  must,  in  addi- 
tion to  the  reference  to  permanent  objects  in  the 


1 


LAND  OFFICE  KUt.EH. 


107 


neighborhood,  deporibe  the  locus  of  the  ciaim^ 
with  reference  to  the  lines  of  public  surveys,  Dy 
a  line  oonneoting:  a  corner  of  the  claim  with  ttio 
nearest  public  corner  of  the  United  Stdrtes  sur- 
vey b,  unless  such  claim  bo  on  unsurveyed  landa 
at  a  distance  of  more  than  two  miles  from  sucli 
public  corner,  in  which  latter  case  it  should  be 
connected  with  a  United  States  mineral  monu- 
ment. Such  oonnectinK  line  must  not  be  more 
than  two  miles  in  length  and  should  be  measured 
on  the  ground  direct  between  the  points,  or 
oaloulated  from  actually  surveyed  traverse  linos 
if  the  nature  of  the  country  should  not  permit 
direct  measurement.  If  a  regularly  established 
survey  corner  is  within  two  miles  of  a  claim  sit- 
uated on  unsurveyed  lands,  the  connection 
should  be  made  with  such  corner  in  preference 
to  a  connection  with  m  United  States  mineral 
monument.  The  connecting  line  must  be  sur- 
veyed by  the  deputy  mineral  surveyor  at  the 
time  of  his  making  the  particular  survey,  and  be 
made  a* part  thereof. 

46.  Diagram  of  Claims  on  Surveyed  Land. 
—Upon  the  approval  of  the  survey  of  a  mining 
olaim  made  upon  surveyed  lands,  the  surveyor- 
general  will  prepare  and  transmit  to  the  local 
land  office  and  to  this  office  a  diagram  tracings 
showing  the  portions  of  legal  40-acre  subdivi- 
sions made  fractional  by  reason  of  the  mineral 
survey,  designating  each  of  such  portions  by 
the  proper  lot  number,  beginning  with  No.  1  la 
each  section  and  giving  tiie  area  of  each  lot, 

47.  No  Survey  Before  Becord.--The  survey 
and  plat  of  mineral  claims,  required  by  section 
2325,  Revised  Statutes  of  the  United  States,  to 
be  filed  in  the  proper  land  office,  with  application 


108 


LAND  OrFfOE  RULES. 


lor  patent,  must  be  made  subsequent  to  the 
recording  of  the  location  of  the  mine ;  and  when 
the  orlfi^inai  location  is  made  by  survey  of  a 
United  States  deputy  surveyor  such  location 
survey  can  not  be  substituted  for  that  required 
by  the  statute,  as  above  indicated. 

48.  Details  for  $500  Improvemente.— The 
surveyor-general  should  derive  his  information 
upon  which  to  base  his  certificate,  as  to  the 
value  of  labor  expended  or  improvements  made, 
from  his  deputy  who  makes  the  actual  survey 
and  examination  upon  the  promises,  a  d  such 
deputy  shuuJd  specify  with  particularity  and 
full  detail  the  character  and  extent  of  such 
improvements. 

49.  The  following>  partioolars  shotild  be  ob- 
served in  the  survey  of  every  loininflr  claim : 

(1)  The  exteriorboundariesofthe  claim  should 
be  represented  on  the  plat  of  survey  and  in  the 
field  notes. 

(2)  The  intersection  of  the  lines  of  the  survey 
with  the  lines  of  conflicting  prior  survey^  should 
be  noted  in  the  field  notes  and  represented  upon 
the  plat. 

(3)  Conflicts  with  unsurveyed  claims,  where 
the  applicant  for  survey  does  not  claim  the  Jirea 
in  conflict,  should  be  shown  by  actual  survey. 

(4)  The  total  area  of  the  claim  embraced  by 
the  exterior  boundaries  should  be  stated,  and 
also  the  area  in  conflict  with  each  intersecting 

survey,  substantially  as  follows : 

Acres. 

Total  area  of  c lai m , 1 0. 50 

Area  in  conflict  with  survey  No.  302 1.56 

Area  in  conflict  with  survey  No.  948 2.33 

Area  in  conflict  with  Mountain  Maid  lode 

mining  claim,  unsurveyed 1.48 


L^l^D  OFFICE  RULES. 


109 


1.48 


It  does  not  follow  that  because  minlin?  .sur- 
veys are  required  to  exhibit  all  conflicts  with 
prior  surveys  the  areas  of  conflict  are  to  bo 
excluded.  The  field  notes  and  plat  are  mad© 
a  part  of  the  application  for  patent,  and  carf> 
should  be  taken  that  the  description  does  not 
Inadvertently  exclude  portions  intended  to  be 
retained.  It  is  better  that  the  application  for 
patent  should  state  the  portions  to  be  excluded 
in  express  terms.  A  survey  executed  as  in  the 
example  given  will  enable  the  applicant  for 
patent  to  exclude  such  conflicts  as  may  seem 
desirable.  For  inf  tance,  the  conflict  with  sur- 
vey No.  302  and  with  the  Mountain  Maid  lode 
claim  might  be  excluded  and  that  with  survey 
No.  948  included. 

50.  Overlapping  Lode  Claims.— The  rights 
granted  to  locators  under  section  2322,  Revised 
Statutes,  are  restricted  to  such  locations  oa 
veins,  lodes,  or  ledges  as  may  be  **  situated  on 
the  public  domain.**  In  applications  for  lodo 
claims  where  the  survey  conflicts  with  a  prior 
valid  lode  claim  or  entry,  and  the  ground  in 
oonf  let  is  excluded,  the  applicant  not  only  has 
no  right  to  the  excluded  ground,  but  he  has  no 
right  to  that  portion  of  any  vein  or  lode  the  top 
or  apex  of  which  lies  within  such  excluded 
ground,  unless  his  location  was  prior  to  May  10,. 
1872.  His  right  to  the  lode  claimed  terminates 
where  the  lode,  in  its  onward  course  or  strike, 
intersects  Ihe  exterior  boundary  of  such  ex- 
cluded ground  and  passes  within  it. 

51.  End  Iiine  of  Lode  Olaim  Abattinir  on 
Prior  Survey.— The  end  line  of  his  survey  should 
not,  therefore,  be  established  beyond  such  inter* 


110 


LAND  OFFICE  RULES. 


section,  unle&s  it  should  be  necessary  so  to  do 
for  the  purpose  of  including  ground  held  and 
claimed  under  a  location  which  was  made  upon 
public  land  and  valid  at  the  time  it  was  made. 
To  include  such  ground  (which  may  possibly 
embrace  other  lodes)  the  end  line  of  the  survey 
may  bo  established  within  the  conflicting  sur- 
vey, but  ti:'^  line  must  be  so  run  as  not  to  extend 
any  farther  into  the  conflicting  survey  than  may 
be  necessary  to  make  such  end  line  parallel  to 
the  other  end  line  and  at  the  same  time  embrace 
the  ground  so  held  and  claimed.  '  The  useless 
pra<»tice  in  such  cases  of  extending  both  the  side 
lines  of  a  survey  into  the  conflicting  survey  and 
establishing  an  end  line  \i  holly  within  it,  beyond 
a  point  necessary  under  the  rule  just  stated,  will 
be  discontinued. 


PLACEB  CLAIMS. 

52.  Application  for  Patent. —The  proceed- 
ings to  obtain  patents  for  claims  usually  called 
placers,  including  all  forms  of  deposit,  excepting 
veins  of  quartz  or  other  rock  in  plaos.  are  simi- 
lar to  the  proceedings  prescribed  for  obtaining 
patents  for  vein  or  lode  claims ;  but  where  said 
placer  claim  shall  be  upon  surveyed  lands,  and 
eonforms  to  legal  subdivisions,  no  further  sur- 
vey or  plat  will  be  required,  and  all  placer  mining 
claims  located  after  May  10, 1872,  shall  conform 
as  nearly  as  practicable  with  the  United  States 
system  of  public  land  surveys  and  the  rectangu- 
lar subdivisions  of  such  surveys,  and  no  such 
location  shall  include  more  than  twenty  acres 
for  each  individual  claimant ;  but  where  placer 
elaims  can  not  be  conformijd  to  legal  subdivi- 
sions, survey  and  plat  shall  be  made  as  on  un- 


^^g. 


LAND  OFFICE  RULES. 


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surveyed  lands.  But  whero  such  claims  are 
located  previous  to  the  public  surveys,  and  do 
not  conform  to  legal  subdivisions,  survey,  plat, 
and  entry  thereof  may  be  made  according  to  the 
boundaries  thereof,  provided  the  location  is  in 
all  respects  legal. 

53.  Idem.— Price.— The  proceedings  for  ob- 
taining patents  for  veins  or  lodes  having  already 
been  fully  given,  it  will  not  be  necessary  to  re- 
peat them  here,  it  being  thought  that  careful 
attention  thereto  by  applicants  and  the  local 
officers  will  enable  them  to  act  understandingly 
in  the  matter,  and  make  such  slight  modifica- 
tions in  the  notice,  or  otherwise,  as  may  be 
necessary  in  view  of  the  different  nature  of 
the  two  classes  of  claims,  placer  claims  being 
fixed,  however,  at  two  .dollars  and  fifty  cents 
per  iiore  or  fractional  part  of  an  acre. 

54.  Ten- Acre  Lots.— By  section  2330,  au- 
thority is  given  for  the  subdivision  of  forty- 
acre  legal  Sixbdi visions  into  ten-acre  lots,  which 
is  intended  for  the  greater  convenience  of  miners 
in  segregating  their  claims  both  from  one  an- 
other and  from  intervening  agricultural  lands, 

55.  No  Survey  in  Such  Case.— It  Is  held, 
therefore,  that  under  a  proper  construction  of 
the  law  these  ten-acre  lots  in  mining  districts 
should  be  considered  and  dealt  with,  to  all 
intents  and  purposes,  as  legal  subdivisions,  and 
that  an  applicant  having  a  legal  claim  which 
conforms  to  one  or  moT-e  of  these  ten-acre  lots, 
either  adjoining  or  cornering,  may  make  entry 
thereof,  after  the  usual  proceedings,  without 
i!urther  survey  or  piat. 


m 


w^. 


mm 


mmm 


m. 


112 


LAND  OFFICK  RULES. 


. 


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I  \ 


56.  Mode  ox  ijintry  of  Such  Lota. —In  cases 
of  this  kind,  howover,  the  noticj*?  given  of  the 
application  must  be  very  specific  and  accurate 
indescription,  andas  the  forty-acre  tracts  may 
1)6  subdivided  into  ten-acre  lots,  either  in  the 
form  of  squares  of  ten  by  ten  chains,  or  if  par- 
allelograms five  by  twenty  chains,  so  long  as  the 
lines  are  parallel  and  at  right  angles  with  the 
lines  of  the  public  surveys,  it  will  be  necessary 
that  the  notice  and  application  state  specifically 
what  ten-acre  lots  are  sought  to  be  patented,  in 
addition  to  the  other  data  required  in  the  notice. 

fi7.  Description. —Where  the  ten- acre  sub- 
division .d  in  the  form  of  a  square,  it  may  be 
described,  for  instance,  as  the  "SE.  ^4  of  the 
SW.  ^4  of  NW.  *4;**  or.  if  in  the  form  of  a  parallel- 
ogram as  aforesaid,  it  may  be  described  as  the 
"W.  ^  of  the  W.  ^  of  the  S  W,  ^  of  the  NW.  H  (or 
the  N.  ^2  of  the  S.  ^  of  the  NE.  ^4  of  the  SE.  ^4)  of 

section ,  township ,  range ,"  as  the 

case  may  be;  but,  in  addition  to  this  description 
of  the  land,  the  notice  must  give  all  the  other 
data  that  is  required  in  a  mineral  application,  by 
which  parties  may  be  put  on  Inquiry  as  to  the 
premises  sought  to  be  patented.  The  proofs 
submitted  with  applications  for  claims  of  this 
kind  must  show  clearly  the  character  and  the 
extent  of  the  Improvements  upon  the  premises. 

Inasmuch  as  the  surveyor-general  has  no 
duty  to  perform  in  connection  with  the  entry  of 
a  placer  claim  of  legal  subdivisions,  the  proof  of 
improvements  must  show  their  value  to  be  not 
less  than./lvc  hundred  dollars  and  that  they  were 
made  by  the  applicant  for  patenter  his  grantors. 
The  annual  expenditure  to  the  amount  of  $100 


'^r^ 


LAND  OFFICE  BULKS. 


U3 


required  by  section  2324,  Revised  Statutes^ 
must  be  made  upon  placer  claims  as  well  a»  loda 
claims. 

58.  Lode  in  Placer. -Applicants  for  patent 
to  a  placer  claim,  who  are  also  in  possession  of  a 
known  vein  or  lode  included  therein,  must  state 
in  their  application  that  the  plaoei?  inoiudes 
such  vein  or  lode.  The  published  and  posted 
notices  must  also  include  such  statement.  If 
veins  or  lodes  lying  within  a  placer  location  are 
owned  by  other  p.arties.  the  fact  should  be  dis- 
tinctly stated  in  the  application  for  patent  and 
in  all  the  notices.  But  in  all  oases  whether  the 
lode  is  claimed  or  excluded,  it  must  be  surveyed 
and  marked  upon  the  plat;  the  field  notes  and 
plat  giving  the  area  of  the  lode  claim  or  claims 
and  the  area  of  the  placer  separately.  It  should 
be  remembered  that  an  application  which  omitd 
to  include  an  application  for  a  known  vein  or 
lode  therein,  must  be  construed  as  a  conclusive 
declaration  that  th^^,  applicant  has  no  right  of 
possession  to  the  vein  or  lode.  Where  there  is 
no  known  lode  or  vein,  the  fact  must  appear  by 
the  affidavit  of  two  or  more  witnesses. 

59.  duantity  of  Placer  Orouind  Subject  to 
Location.— By  section  2330  it  is  declared  that 
no  location  of  a  placer  c)aim.  made  after  July  9. 
1870,  shall  exceed  one  hundred  and  sixty  acres 
for  any  one  person  or  association  of  persons, 
which  location  shall  conform  to  the  United 
States  surveys. 

60.  Conformation  to  Public  Survey.- Sec- 
tion 2331  provides  that  all  piacer  mining  claims 
located  after  May  10,  1872,  shall  conform  as 
nearly  as  practicable  with  the  United  States 


t^ti^nrngmmmm 


i^iuiiPiaaiwa 


114 


LAND  OFFICE  BULE8. 


systeiiis  of  public  surveys  and  the  subdivisions 
of  Buoh  surveys,  and  no  sucti  locations  shall 
include  more  than  twenty  acres  for  each  indi- 
vidual claimant.  ^ 

61.  Limit  to  Size  of  Location.— The  forego- 
Ing  provisions  of  law  are  construed  to  mean 
that  after  the  9th  day  of  July,  1870,  no  location 
of  a  placer  claim  can  be  made  to  exceed  one 
hundred  and  sixty  acres,  whatever  may  bo 
the  number  oi  locators  associated  together,  or 
whatever  the  local  regulations  of  the  district 
may  allow;  and  that  from  and  after  May  iO, 
1872,  no  location  made  by  an  individual  can 
exceed  twenty  acres,  and  no  location  !made  by 
an  association  of  individuals  can  exceed  one 
hundred  and  sixty  acres,  which  location  of  one 
hundred  and  sixty  acresi  cannot  be  made  by  a 
less  number  than  eight  bona  fide  locators;  and  no 
local  laws  or  mining  regulations  can  restrict  a 
placer  location  to  less  than  twenty  acres, 
although  the  locator  is  not  compelled  to  take  so 
much. 

62.  How  Located.— The  regulations  herein- 
before given  as  to  the  manner  of  marking  loca- 
tions on  the  ground,  and  placing  the  same  on 
record,  must  be  observed  in  the  case  of  placer 
locations  so  far  as  the  same  are  applicable,  the 
law  requiring,  however,  that  where  placer 
claims  are  upon  surveyed  public  lands  the  loca- 
tions must  hereafter  bo  made  to  conform  to 
legal  subdivisions  thereof  as  near  as  practicable. 

63.  Classifioation  of  the  Land.— The  first 
care  in  recognizing  an  application  for  patent 
upon  a  placer  claim  must  be  exercised  in  deter- 
mining the  eTict  classification  of  the  lands.   To 


rriiiiiiiiiiiniiiiiiiir-ii^ 


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mam 


■■■■I 


LAND  OFFICE  BULES. 


115 


•.  or 


by 


To 


this  end  the  clearest  evidence  of  which  the  case 
is  capable  should  be  presented. 

(1)  If  the  claim  be  all  placer  ground,  that  fact 
must  be  stated  in  the  application  and  corrobo- 
rated by  accompanying  proofs;  if  of  mixed 
placers  and  lodes,  it  should  be  so  set  out,  with 
a  description  of  all  known  lodes  situated  within 
the  boundaries  of  the  claim.  A  specific  declara- 
tion, such  as  is  required  by  section  2333,  Revised 
Statutes,  must  be  furnished  as  to  each  lode  In- 
tended to  be  claimed.  All  other  known  lodes 
aare,  by  the  silence  of  the  applicant,  excluded  by 
law  from  all  claim  by  him,  of  whatsoever  nature, 
possessory  or  otherwise. 

(2)  Section  2395,  Revised  Statutes  (subdi- 
vision 7),  requires  the  surveyor  to  "note  in  his 
field  books  the  true  situation  of  all  mines,  salt 
licks,  salt  springs,  and  mill  seats  which  come  to 
his  knowledge,"  also  "all  water  courses  over 
which  the  lines  he  runs  may  pass."  It  further 
requires  him  to  *'  note  the  quality  of  the  lands.** 
These  descriptive  notes  are  required  by  sub- 
division 8  to  be  incorporated  in  tbe  plat  by  the 
surveyor  general. 

(3)  If  these  duties  have  been  performed,  the 
public  surveys  will  furnish  a  reasonable  guide 
to  the  district  oflflcers  and  to  claimants  in  prose- 
outing  their  applications.  But  experience  has 
shown  that  great  ner^leot  has  resulted  from  in- 
attention to  the  law  in  this  respect,  and  the 
regular  plats  are  of  very  little  value  in  the  mat- 
ter. It  will,  therefore,  be  required  in  the  future 
that  deputy  surveyors  shall,  at  the  expense  of 
the  parties,  make  full  examination  of  all  placer 
claims  surveyed  by  them,  and  duly  note  the  facts 
as  specified  in  the  law.  stating  the  quality  and 


116 


UkND  OFFICE  EULE8. 


composition  of  the  soil,  the  kind  and  amount  of 
timber  and  other  vegetation,  the  locus  and  size 
of  streams,  and  such  other  matters  as  may  ap- 
pear upon  the  suriace  of  the  claim.  This  examin- 
ation should  include  the  character  and  extent  of 
all  surface  and  underground  workings,  whether 
placer  or  lode,  for  mining  purposes. 

(4)  In  addition  to  these  data,  which  the  law 
requires  to  be  shown  in  all  oases,  the  deputy 
should  report  with  reference  to  the  proximity  of 
centers  of  trade  or  residence ;  also  of  well  known 
systems  of  lode  deposit  or  of  individual  lodes.  He 
should  also  report  as  to  the  use  or  adaptability 
of  the  chiim  for  placer  mining ;  whether  water 
has  been  brought  upon  it  in  sufficient  quantity 
to  mine  the  same,  or  whether  it  can  be  procured 
for  that  purpose ;  and.  Anally ,  what  works  or  ex- 
penditures have  been  made  by  the  claimant  or 
his  grantors  for  the  development  of  the  claim, 
and  their  situation  and  location  with  respect  to 
the  same  e  s  applied  for. 

(6)  This  examination  should  be  reported  by 
the  deputy  under  oath  to  the  surveyor-general, 
and  duly  corroborated;  and  a  copy  of  the  same 
should  be  furnished  with  the  application  for 
patent  to  the  claim,  constituting  a  part  thereof, 
and  included  in  the  oath  of  the  applicant. 

(6)  Applications  awaiting  entry,  whether  pub- 
lished or  not,  must  be  made  to  conform  to  these 
regulations,  with  respect  to  examination  as  to 
the  character  of  the  land.  Entri«^s  already  made 
will  bo  suspended  for  such  additional  proofs  as 
may  oe  deemed  necessary  in  each  case. 

MILL  SITES. 

64.  Two  Clasaes.— Section  2337  provides 
that  "where  non- mineral  land  not  contiguous  to 


LAND  OFFICE  RULES. 


117 


the  vein  or  lode  is  used  or  occupied  by  the  pro- 
prietor of  such  vein  or  lode  for  mining  or  nailling 
purposes,  such  non-adjacent  surface  ground  may 
be  embraced  and  included  in  an  application  for 
a  patent  for  such  vein  or  lode,  and  the  same  may 
be  patented  therewith,  subject  to  the  same  pre- 
liminary requirements  as  to  survey  and  notice 
as  are  applicable  to  veins  or  lodes ;  but  no  loca- 
tion hereafter  riade  of  such  non-adjacent  land 
shall  exceed  Ave  acres,  and  payment  for  the  same 
Rust  be  made  at  the  same  rate  as  fixed  by  this 
chapter  for  the  superficies  of  the  lode.  The 
owner  of  a  auarta  mill  or  reduction  works,  not 
owning  a  mine  in  connection  therewith,  may 
also  receive  a  patent  for  his  mill  site,  as  provided 
in  this  section." 

65.  To  avail  themselves  of  this  provision 
of  law,  parties  holding  the  possessory  right  to 
a  vein  or  lode,  and  to  a  piece  of  non-mineral 
land  not  contiguous  thereto,  for  mining  or  mill- 
ing purposes,  not  exceeding  the  quantity  allowed 
for  such  purpose  by  section  237,  United  States 
Revised  Statutes,  or  prior  laws,  under  which  the 
land  was  appropriated,  the  proprietors  of  such 
vein  or  lode  m.ay  file  in  the  proper  land  office 
their  application  for  a  patent,  under  oath,  in 
manner  already  set  forth  herein,  which  applica- 
tion, together  with  the  plat  and  field  notes,  may 
include,  embrace,  and  describe,  in  addition  to 
the  vein  or  lode,  such  non-contiguous  mill  site, 
and  after  due  proceedings  as  to  notice,  etc.,  a 
patent  will  be  issued  conveying  the  same  as 
one  claim. 

66.  Lots  "A"  and  **B. "-In  making  the  sur- 
vey in  a  case  of  this  kind,  the  lode  claim  should 


118 


LAND  OFFICE  BUIiBS. 


be  described  in  the  plat  and  field  notes  as  **  Sur. 
No.  87,  A,"  and  tne  mill  site  as  '*  Sur.  No.  37.  B," 
or  whatever  may  be  its  appropriate  numerical 
designation;  the  course  and  distance  from  a 
corner  of  the  mill  site  to  a  corner  of  the  lode 
claim  to  be  invariably  given  in  such  plat  and 
field  notes,  and  a  copy  of  the  plat  and  notice  of 
application  for  patent  must  be  conspicuously 
posted  upon  the  mill  site  as  well  as  upon  the 
vein  or  lode  for  the  statutory  period  of  sixty 
days.  In  making  the  entry  no  separate  receipt 
or  certificate  need  bo  issued  for  the  mill  site,  but 
the  whole  area  of  both  lode  and  mill  site  will  be 
embraced  in  one  entry,  the  price  being  five  dol- 
lars for  each  acre  and  fractional  part  of  an  acre 
embraced  by  such  lode  and  mill  site  claim, 

67.  Mill  Site  Without  Lode.— In  case  the 
owner  of  a  auartz  mill  or  reduction  works  is  not 
the  owner  or  claimant  of  a  vein  or  lode,  the  law 
permits  him  to  make  application  therefor  in  the 
same  manner  prescribed  herein  for  mining 
claims,  and  after  due  notice  and  proceedings,  in 
the  absence  of  a  valid  adverse  filing,  to  enter  and 
receive  a  patent  for  his  Liili  site  at  said  price 
per  acre. 

68.  Proof  of  Kon-Mineral  Character  and 
of  Use  by  Applicant.— In  every  case  there  must 
be  satisfactory  proof  that  the  land  claimed  as  a 
mill  site  is  not  mineral  in  character,  which  proof 
may,  where  the  matter  ij  unquestioned,  consist 
of  the  sworn  statement  of  two  or  more  persons 
capable  from  acquaintance  with  the  land  to  tes- 
tify understandingly.* 


I  t. 


*For  form  of  affidavit  under  Rule  68,  see  Application 
FOB  Patent. 


1 


LAND  OFFICE  KTJLBS 


11^ 


g 


fe3 


120 


LAND  OFFICE  KULES. 


POSSESSORY  BIGHT. 

69.  Title  by  i^dverse  PoBseasion.  —  With 
regard  to  the  proofs  necessary  to  establish  the 
possessoiy  right  to  a  mining  claim,  section  2332 
provides  that  "where  such  person  or  association, 
they  and  their  grantors,  have  held  and  worked 
their  claims  for  a  period  eciual  to  the  time  pre- 
scribed by  the  Statute  of  Limitations  for  mining 
claims  of  the  State  or  Territory  where  the  same 
may  be  situated,  evidence  of  such  possession 
and  working  of  the  claims  for  such  period  shall 
be  sufficient  to  establish  a  right  to  a  patent 
thereto  under  this  chapter,  in  the  absence  of  any 
adverse  claim." 

70.  Chain  of  Title  Broken  but  Possession 
Clear.— This  provision  of  law  will  greatly  lessen 
the  burden  of  proof,  more  especially  in  the  case 
of  old  claims  located  many  years  since,  the 
records  of  which,  in  many  cases,  have  been 
destroyed  by  fire,  or  lost  in  other  ways  during 
the  lapse  of  time,  but  conoorning  the  possessory 
right  to  which  all  controversy  or  litigation  has 
long  be<  I  settled. 

71.  Details  of  Proof  in  Such  Case.— When 
an  applicant  desires  to  make  his  proof  of  pos- 
sessory right  in  accordance  with  this  provision 
of  law.  he  will  not  be  required  to  produce  evi- 
dence of  location,  copies  of  conveyances,  or 
abstracts  of  title,  as  in  other  cases,  but  will  be 
required  to  furnish  a  duly  certified  copy  of  the 
Statute  of  Limitation  of  mining  claims  for  the 
State  or  Territory,  together  with  his  sworn 
statement  giving  a  clear  and  succinct  narration 
of  the  facts  as  to  the  origin  of  his  title,  and  like- 
wise as  to  the  continuation  of  his  possession  of 


M 


Mi 


LAND  OFFICE  RULES. 


131 


the  mining  ground  covered  by  his  application; 
tho  area  thereof;  the  nature  and  extent  of  the 
mining  that  has  been  done  thereon;  whether 
there  has  been  any  opposition  to  his  possession, 
or  litigation  with  regard  to  his  claim,  and,  if  so, 
when  the  same  ceased;  whether  such  cessation 
was  caused  by  compromise  or  by  judicial  decree, 
and  any  additional  facts  within  the  claimant's 
knowledge  having  a  direct  bearing  upon  his 
possession  andlbona  fides  which  he  may  desire 
to  submit  in  support  of  his  claim. 

72.  Oertificate  of  no  Suit.— There  should 
likewise  be  filed  a  certificate,  under  seal  of  the 
court  having  jurisdiction  of  mining  cases  within 
the  judicial  district  embracing  the  claim,  that  no 
suit  or  action  of  any  character  whatever  involv- 
ing the  right  of  possession  to  any  portion  of  the 
claim  applied  for  is  pending,  and  that  there  has 
been  no  litigation  before  said  court  affecting  the 
title  to  said  claim  or  any  part  thereof  tor  a  period 
equal  to  the  time  fixed  by  the  Statute  of  Limita- 
tions for  mining  claims  in  the  State  or  Territory 
as  aforesaid,  other  than  that  which  has  been 
finally  decided  in  favor  of  the  claimant. 

73.  Corroborating  Afladavits.— The  claim- 
ant should  support  his  narrative  of  facts  relative 
to  his  possession,  occupancy,  and  improve- 
ments by  corroborative  testimony  of  any  disin- 
terested person  or  persons  of  credibility  who 
may  be  cognizant  of  the  facts  in  the  case  and  are 
capable  of  testifying  understandingly  in  the 
premises. 

74.  Proof  of  Annual  Labor.  —As  a  condition 
for  the  making  of  application  for  patent  accord- 
ing to  section  2325,  there  must  be  a  preliminary 


r>t)i^wiuip»i.«iiii  «■> 


122 


LAND  OFFICE  BULES. 


showing  of  work  or  expenditure  upon  each  loca- 
tion, either  by  showing  the  full  amount  suffi- 
cient to  the  HGialnte nance  of  possession  under 
section  2324  for  the  pending  year ;  or,  if  there 
has  been  failure,  it  should  be  shown  that  work 
has  been  resunaed  so  as  to  prevent  relooatlon  by 
adverse  parties  after  abandonment. 

The  *•  pending  year  "  means  the  calendar  year 
In  which  application  is  made,  and  has  no  refer- 
ence to  a  showing  of  work  at  date  of  the  final 
entry. 

75.  TMs  preliminary  allowing  may,  where 
the  matter  is  unquestioned,  consist  of  the  affida- 
vit of  two  or  more  witnesses  familiar  with  the 
facts. 

76.  Proof  of  Oitizensliip  of  Hining  Claim* 

ants.— The  proof  necessary  to  establish  the  citi- 
^j^senship  of  applicants  for  mining  patents  must 
be  made  in  the  following  manner:  In  case  of  an 
,i  Incorporated  company,  a  certified  copy  of  their 
charter  or  certificate  of  incorporation  must  be 
filed.  In  case  of  an  association  of  persons  unin- 
corporated, the  affidavit  of  their  duly  authorized 
agent,  made  upon  his  own  knowledge  or  upon 
information  and  belief,  setting  forth  the  resi- 
dence of  each  person  forming  such  association, 
must  be  submitted.  This  affidavit  must  be 
accompanied  by  a  power  of  attorney  from  the 
parties  forming  such  association,  authorizing 
the  person  who  makes  the  affidavit  of  citizen- 
ship to  act  for  them  in  the  matter  of  their  appli- 
cation for  patent. 

77.  In  case  of  an  individual  or  an  associa- 
tion of  individuals  who  do  not  appear  by  their 
duly  authorized  agent,  you  will   require   the 


LAND  OFFICE  RULES. 


12S 


affidavit  of  each  applicant,  showing  whether  he 
Is  a  native  or  naturalized  citizen,  when  and 
where  born,  and  his  residence. 

78.  In  case  an  applicant  has  declared  his 
intention  to  become  a  citizen  or  has  been  natur- 
alized, his  affidavit  must  show  the  date,  place 
and  the  court  before  which  he  declared  his  inten- 
tion, or  from  which  his  oertifloate  of  citizenship 
issued,  and  present  residence. 

79.  Who  May  Take  Affidavit.  —The  affidavit 
of  the,  claimant  as  to  his  citizenship  may  be 
taken  before  the  register  or  receiver,  or  any 
other  officer  authorized  to  administer  oaths 
within  the  land  district;  or,  if  the  claimant  is 
residing  beyond  the  limits  of  the  district,  the 
affidavit  may  be  taken  before  the  clerk  of  any 
court  of  record  or  before  any  notary  public  of  any 
State  or  Territory. 

86.   Affidavits  Out   of  Land  District.— If 

citizenship  is  established  by  the  testimony  of 
disinterested  persons,  such  testimony  may  be 
taken  at  any  place  before  any  person  authorized 
to  administer  oaths,  and  whose  official  character 
is  duly  verified. 


ADVEBSE  CLAIMS. 

81.  Section  2826«  and  the  Act  of  April  26^ 
1882,  provide  for  adverse  ciaiL  s.  fix  the  time 
within  which  they  shall  be  filed  to  bave  legal 
effect,  and  prescribe  the  manner  of  their  adjust- 
ment, etc. 

82.  Must  be  FUed  Within  the  District 
Under  Oath.— An  adverse  mining  claim  must  be 
filed  with  the  register  and  receiver  of  the  land 
office  where  the  applloation  for  patent  was  filed* 


124 


liANP  OFFICE  BULES. 


or  with  the  register  and  receiver  of  the  district 
In  which  the  land  is  situated  at  the  time  of  filing 
the  adverse  oiaim.  It  must  be  on  the  oath  of  the 
adverse  cJaimant,  or  it  may  be  verified  by  thj 
oath  of  any  duly  authorized  agent  or  attorney- 
in-fact  of  the  adverse  claimant,  cognizant  of  the 
facts  stated, 

83.  Where  an  agent  or  attorney-in-fact 
verifies  the  a-dverse  claim,  he  must  distinctly 
swear  that  he  is  such  agent  or  attorney,  and 
accompany  his  affldavit  by  proox  thereof. 

84.  The  agent  or  attorney-in-fact  must  make 
the  affidavit  in  verification  of  the  adverse  claim 
within  the  land  district  where  the  claim  is 
situated. 

85.  The  adverse  notiee  must  fully  set  forth 
the  nature  and  extent  of  the  interference  or 
conflict ;  whether  the  adverse  party  claims  as  a 
purchaser  for  valuable  consi'derftion  or  as  a 
locator;  if  the  former, a  certified  copy  of  the 
original  location,  the  original  conveyance,  a  duly 
certified  copy  thereof,  or  an  abstract  of  title  from 
the  office  of  the  proper  recorder  should  be  fur- 
nished, or  if  the  transaction  was  a  merely  verba' 
one  he  will  narrate  the  circumstances  attending 
the  purchase,  the  date  thereof,  and  the  amount 
paid,  which  facts  snudld  be  supported  by  the 
afildavit  of  one  or  more  witnesses,  if  any  were 
present  at  the  time,  and  if  he  claims  as  a  locator 
he  must  file  a  duly  certified  copy  of  the  location 
from  the  olflce  of  tl?  <,  r^roper  recorder. 

86.  Plat.— In  orcic  r  that  the  "  boundaries  "  and 
•*  extent  **  of  the  claim  n  ay  be  shown,  it  will  be 
incumbent  upon  the  adverse  claimant  to  file  a 
plat  showing  his  entire  claim,  its  relative  situa- 


^HMiiMiiilii 


LAND  OFFICE  BULES. 


125 


strict 
filing 
of  the 
►y  th3 
»rney- 
of  the 

L-fact 

inctiy 

r,  and 

make 

)  claim 
[lim  is 

;  forth 

fice  or 
IS  as  a 
r  as  a 
of  the 
,  a  duly 
le  from 
be  fur- 
■  verbal 
endmg 
imount 
by  the 
y  were 
locator 
ocation 

les  "  and 

will  be 

to  file  a 

e  situa- 


tion or  position  with  the  one  against  which  he 
claims,  and  the  extent  of  the  conflict.  This  plat 
must  be  made  from  an  actual  survey  by  a  United 
States  deputy  surveyor,  who  will  oflacially  cer- 
tify thereon  to  its  correctness ;  and  in  addition 
there  must  be  attached  to  such  plat  of  survey  a 
cei'tlficate  or  sworn  statement  by  the  surveyor 
as  to  the  approximate  value  of  the  labor  per- 
formed or  improvements  made  upon  the  claim 
by  the  adverse  party  or  his  predecessors  in 
interest,  and  the  plat  must  indicate  the  position 
of  any  shafts,  tunnels,  or  other  improvements, 
if  any  such  exist,  upon  the  claim  of  the  party 
opposing  the  application,  and  by  which  party 
said  improvements  were  made ;  Provided^  how- 
ever, That  if  the  application  for  patent  describes 
the  claim  by  legal  subdivisions,  the  adverso 
claimant,  if  also  claiming  by  legal  subdivisions, 
may  describe  his  adverse  claim  in  the  same 
manner,  without  further  survey  or  plat. 

87.  Notioeof  Advers*^-— Upon  thf  loregoing 
being  filed  within  the  sixty  days  as  aforesaid, 
the  register,  or  in  his  absence  the  receiver,  will 
give  notice  in  writing,  to  both  parties  to  the  con- 
test that  such  adverse  claim  has  been  filed, 
informing"  them  that  the  party  who  filed  the 
adverse  claim  will  be  required  within  thirty 
days  from  the  date  of  such  filing  to  commence 
proceedings  in  a  court  of  competent  jurisdic- 
tion to  determine  the  Question  of  right  of  pos- 
session^  and  to  prosecute  the  same  with  reason- 
able dillp-enoe  to  final  judgment,  and  that  should 
such  adverse  claimant  fail  to  do  so,  his  adverse 
claim  will  be  considered  waived,  and  the  appli- 
cation for  patent  be  allowed  to  proceed  upon 
Its  merits. 


i«pPHnpM  ililiJl   iJU|iKi|ipn9n«np|Pi|i|«i.wi>wijpmpi«f^nipi<B;3«RippHpVllPi 


12€ 


XjAND  office  eules. 


r 


88.  Stays  Procee<iinfira,~When  an  adverse 
claim  is  flled  as  aforesHid.  the  register  or  receiver 
will  indorse  upon  the  same  the  precise  date  of 
Gling,  and  preserve  a  record  of  the  datp  ^i  noti- 
fications issued  thereon ;  and  thereafter  all  pro- 
ceedings on  the  application  for  patent  will  be 
suspended,  with  the  exvki ;>«..' on  of  the  completion 
of  the  publication  air:'  \  Ing  of  notices  and 
plat,  and  the  filing  of  th'j  n/  cessary  proof  thereof, 
until  the  controversy  shall  have  been  adjudi- 
cated in  court,  or  the  adverse  claim  waived  or 
withdrawn. 

89.  Copy  of  Judgment.— Where  an  adverse 
claim  has  been  filed  and  suit  thereon  commenced 
within  the  statutory  period,  and  final  judgment 
determining  the  right  of  possession  rendered  in 
favor  of  the  applicant,  it  will  not  be  sufficient 
for  him  to  file  with  the  registe  ^*  certificate  of 
the  clerk  of  the  court,  setting  oM  <-  the  facts  ase 
to  such  judgment,  but  he  i  li  ''^  l»efore  he  is 
allowed  to  make  entry,  file  a  cert  "Hi  copy  of  the 
judgment,  together  with  the  othci  videnco  re- 
quired by  section  2326,  Revised  Statutes. 

90.  Where  such  suit  has  been  dismissed, 

a  certificate  of. the  clerk  of  the  court  to  that 
effect,  or  a  certified  copy  of  the  order  of  dismis- 
sal, will  be  sufficient.  W'. 

•  .'•^^■ 

91 .  In  BO  cape  will  a  reiir:  ^^iiiiiiment  of  the 

gTOund  iu  controversy,  or  oth«'T  proof.  flU'd 
with  ino  /^^li&t  *  r  or  receiver,  bo  accepted  in  lieu 
of  the  ev*dem>*^  ^uviuired. 

92.  Certificates  of   No    Suit     Brought.- 

Where  en  adverse  claim  has  been  flled,  but  no 
suit  commenced  against  the  applicant  for  patent 


MiMHiMittiHiifli 


|piyi'j»^--"-jrT 


liAND  OFFICE  RULES. 


127 


within  the  statutory  period,  a  oertiflcate  to  that 
effect  by  the  olerk  of  the  8tate  court  having  juris- 
diction in  the  case,  and  also  by  the  clerk  of  the 
circuit  court  of  the  United  States  for  the  district 
in  which  '.he  claim  is  situatedp  will  be  required. 

93.  Substitution.— A  party  who  is  not  an 
applicant  for  patent  under  section  2325,  Revised 
Statutes,  or  the  assignee  of  such  applicant,  is 
not  entitled  to  make  entry  under  said  section, 
and  in  no  case  will  the  name  of  such  party  be 
inserted  in  the  certificate  of  entry.  This  regula- 
tion has  no  reference  to  proceedings  under  sec- 
tion 2326. 

94.  Trustees.— Any  party  applying  to  make 
entry  as  trustee  must  disclose  fully  the  nature  of 
the  trust  and  the  name  of  the  cestui  que  trmt.  and 
such  trustee,  as  well  as  the  beneficiaries,  must 
furnish  satisfactory  proof  of  citizenship;  and 
the  names  of  beneficiaries,  as  well  as  that  of  the 
trustee,  must  be  inserted  in  the  final  certificate 
of  entry. 

95.  Scrutiny  of  Proofs. —No  entry  will  be 
allowed  until  the  register  has  satisfied  himself, 
by  a  careful  examination,  that  proper  proofs 

#iave  been  filed  upon  all  the  points  indicated  in 
oflicial  regulations  in  force,  and  that  they  show 
a  sufficient  bona  flde  compliance  with  the  laws 
and  such  regulations. 

96.  Alaska. —The  administration  of  the  min- 
ing laws  as  prescribed  by  these  regulations  will 
be,  so  far  as  applicable,  adopted  for,  and  extended 
to,  Alaskn. 

(1)  The  ex-offieio  register,  receiver,  and  sur- 
veyor-general while  acting  as  such,  and  their 
ciorks  oud  deputy  surveyors,  will  bo  deemed 


■pp^<"^ 


mmmmmmiwim 


128 


LAND  OFFICE  BULBS. 


subject  to  the  laws  and  regulations  governing 
the  ojBBcial  conduct  and  responsibilities  of  simi- 
lar oflQoers  and  persons  under  general  Statutes 
of  the  United  States. 

(2)  The  Commissioner  of  the  General  Land 
Office  will  exercise  the  same  general  supervision 
over  the  exectition  of  the  laws  as  are  or  may  be 
exercised  by  him  in  other  mineral  districts. 


APPOINTMENT  OF  DEPUTY  SUEVEYOKS  OF  MINING 
CLAIMS— CHARGES  FOR  SURVEYS  AND 

PUBLICATIONS— FEES  OF  REGIS-       ' 
TEES  AND  RECEIVERS,  ETC. 

97.  Newspaper  Chargres.— Section  23;:J4  pro- 
vides for  the  appointment  of  surveyors  of  min« 
eral  claims,  authorizes  the  Commissioners  of 
the  General  Land  Offlce  to  establish  the  rates  to 
be  charged  for  surv^eys  and  newspaper  publica- 
tions. 

Under  this  authority  of  law  the  following 
rates  have  been  established  as  the  maximum 
charges  for  newspaper  publications  in  mining 
oases: 

(1)  Where  a  daily  newspaper  is  designated, 
the  charge  shall  not  exceed  seven  dollars  for* 
each  ten  lines  of  space  occupied,  and  where  a 
weekly  newspaper  is  designated  as  the  medium 
of  publication,  jSve  dollars  for  the  same  space 
-^Tiil  be  allowed.  Such  charge  shall  be  accepted 
as  full  payment  for  publication  In  each  issue  of 
the  newspaper  for  the  entire  period  required  by 
law.         /  , 

It  is  expected  that  these  notices  shall  not  be 
so  abbreviated  as  to  curtail  the  description  es- 
sential to  a  perfect  notice,  and  tbe  said  rates 


LAND  OFFICE  EULE8. 


129 


established  upon  the  understanding  that  they 
are  to  be  in  the  usual  body- type  used  for  adver- 
tisements. 

(2)  For  the  publication  of  citations  in  con- 
tests or  hearings  involving  the  character  of 
lands,  the  charges  shall  not  exceed  eight  dollars 
for  five  publications  in  weekly  newspapers,  or 
ten  dollars  for  publicationo  in  daily  newspapers 
for  thirty  days. 

98.  Deputy  Surveyors.  —  The  surveyors - 
general  of  the  several  districts  will,  in  pursu- 
ance of  said  law,  appoint  in  each  land  district  as 
many  competent  deputies  for  the  survey  of  mining 
claims  as  may  seek  such  appointment;  it  being 
distinctly  understood  that  all  expenses  of  these 
notices  and  surveys  are  to  be  borne  by  the 
mining  claimants  and  not  by  the  United  States; 
the  system  of  making  deposits  for  mineral  sur- 
veys, as  required  by  previous  instructions,  be- 
ing hereby  revoked  as  regards  field  work;  the 
claimant  having  the  option  of  employing  anf/ 
deputy  surveyor  within  such  district  to  do  his 
work  in  the  field. 

99.  Payment  to  Surveyor-Q-eneral.— With 

regard  to  the  platting  of  the  claim  and  other  ojffice 
work  in  the  surveyor-general's  office,  that  officer 
will  make  an  estimate  of  the  cost  thereof,  which 
amount  the  claimant  will  deposit  with  any  as- 
sistant United  States  treasurer  or  designated 
depository  in  favor  of  the  United  States  treas- 
urer, to  be  passed  to  the  credit  of  the  fund  cre- 
ated by  "individual  depositors  for  surveys  of 
the  public  lands,"  and  file  with  the  surveyor- 
general  duplicate  certifloates  of  such  deposit  ia 
the  usual  manner. 


wmmm 


130 


LAND  OFFICE  KULES. 


100.  One  Deputy  to  a  District.— The  sur- 
veyors-general will  ondeavor  to  appoint  mineral 
deputy  surveyors  so  that  one  or  more  may  bo 
located  in  each  mining  district  for  the  greater 
convenience  of  miners. 

101.  Oath.— Duties  of  Deputies.— The  usua] 
oaths  will  be  required  of  these  deputies  and 
their  assistants  as  to  the  correctness  of  each  sur- 
vey executed  by  them. 

The  duty  of  the  deputy  mineral  surveyor 
ceases  when  he  has  executed  the  survey  and 
returned  the  field  notes  and  preliminary  plat 
thereof  with  his  report  to  the  survey  or- general. 
He  will  not  be  allowed  to  prepare  for  the  mining 
claimant  the  papers  in  support  of  an  application 
for  patent,  or  otherwise  perform  the  duties  of  an 
attorney  before  the  land  office  in  connection 
witii  a  mining  claim. 

The  surveyors-general  and  local  land  officers 
are  expected  to  report  any  infringement  of  this 
regulation  to  this  office. 

102.  Statement  of  Charges. —The  law  re- 
quires that  each  applicant  shall  file  with  the 
register  and  receiver  a  sworn  statement  of  all 
charges  and  fees  paid  by  him  for  publication  of 
notice  and  for  survey,  together  with  all  fees  and 
money  pail  the  register  and  receiver,  which 
sworn  stati  ment  is  required  to  be  transmitted 
to  this  office  for  the  information  of  the  Commis- 
sioner. 

103.  Exorbitant  Charges.— Should  it  appear 
that  excessive  or  ex  ^rbitant  charges  have  been 
made  by  any  surveyor  or  any  publisher,  prompt 
action  will  be  taken  with  the  view  of  correcting 
the  abuse*  * 


LAND  OFFICE  RULES. 


131 


,1. 


104.  The  fees  payable  to  the  register  and 
receiver  for' filing  and  acting  upon  applications 
for  mineral  land  patents  are  five  dollars  to  each 
officer,  to  be  paid  by  the  applicant  for  patent  at 
the  time  of  filicg,  and  the  like  sum  of  Ave  dollars 
is  payable  to  each  officer  by  an  adverse  claimant 
at  the  time  of  filing  his  adverse  claim.  (Sec. 
2238.  R.  S.,  paragraph  9.) 


105.  Legal  Tender. —All  fees  or  charges  un- 
der this  law  may  be  paid  in  United  States  o^  '.r- 
renoy. 

106.  Monthly  Report  to  Gheneral  Laiikd 
Oflace.— The  register  and  receiver  will,  at  the 
close  of  each  month,  forward  to  this  office  an 
abstract  of  mining  applications  filed,  and  a  reg- 
ister of  receipts,  accompanied  with  an  abstract 
of  mineral  lands  sold ;  and  an  abstract  of  adverse 
claims  filed. 

107.  Accounts  of  Land  Of9.ce.  —The  fees  and 
purchase*  money  received  by  registers  and  re- 
oeiver»  must  be  placed  to  the  credit  of  the 
United  States  in  the  receiver's  monthly  and 
quarterly  account,  charging  up  in  the  disbursing 
account  the  sums  to  whioh  the  register  and 
receiver  may  be  respectively  entitled  as  foes 
and  commissions,  with  limitations  in  regard  to 
the  legal  maximum. 


PEOCEEDINGS    BEFORE    '^^HB    KEGISTEB    AND   BE- 
CEIVEB  AND  SURVEYOBS-GENBRAL  IN  CON- 
TESTS AND  HEARINGS  TO  ESTABLISH 
THE  CHARACTER  OF  LANDS, 

108.  The  ''Rules  of  Practice  in  cases  before 
the  United  States  district  land  offices,  the  Gen- 
eral Land  Office,  and  the  Department  of  the 


132 


LAND  OFilCB  BULBS. 


' 


Interior,"  approved  August  13, 1885,  will,  as  far 
as  applioablt),  govern  in  all  cases  and  proceed- 
ings arising  in  contests  and  liearings  to  deter- 
mine the  mineral  or  non-mineral  chexacter  of 
lands. 

109.  Affricnltiiral  Entry  of  Mineral  Lands. 

—No  public  land  shall  be  withheld  from  entry 
as  agricultural  land  on  account  of  its  mineral 
character,  except  such  as  is  returned  by  the 
surveyor-general  as  mineral;  and  the  presump- 
tion arising  from  such  a  return  may  be  overcome 
by  testimony  taken  in  the  manner  hereinafter 
described. 

110.  Hearings  to  determine  the  character 
of  land,  as  practically  distinguished,  are  of 
two  kinds : 

(1)  Where  lands  which  are  sought- to  be  en- 
tered and  patented  as  agricultural  are  alleged  by 
affidavit  to  be  mineral,  or  when  sought  as  min- 
eral their  n  on- mineral  character  is  alleged. 

The  proceedings  relative  to  this  class  are  in 
the  nature  of  a  contest  between  two  or  more 
known  parties. 

(2)  When  lands  are  returned  as  mineral  by 
the  surveyor-genei^l. 

When  such  lands  are  sought  to  be  entered  as 
agricultural,  notice  must  be  given  by  publica- 
tion for  thirty  days,  with  posting  in  the  local 
office  for  the  same  period. 

111.  Examination  of  Witnesses.  —  At  the 

hearings  under  either  of  the  aforesaid  classes, 
the  claimantP  'ind  witnesses  will  be  thoroughly 
examined  wii.h  regard  to  the  character  of  the 
land;  whether  the  same  has  been  thoroughly 


S/:* 


fc 


LAND  OPriCE  BULES. 


133 


^ 


prospected;  whether  or  not  there  exists  within 
the  tract  or  tracts  claimed  any  lode  or  vein  of 
quartz  or  other  rook  in  place,  bearing  gold,  sil- 
ver, cinnabar,  lead,  tin,  or  copper,  or  other  valu- 
able deposit  which  has  ever  been  claimed,  locat- 
ed, recorded,  or  worked ;  whether  such  work  is 
entirely  abandoned  or  whether  occasionally  re- 
sumed; if  such  lode  does  exist,  by  whom  claimed, 
under  what  designation  and  in  which  subdivis- 
ion of  the  land  it  lies ;  whether  any  placer  mine 
or  mines  exist  upon  the  land;  if  so,  what  is  the 
character  thereof —whether  of  the  shallow  sur- 
face description,  or  of  the  deep  cement,  blue 
lead  or  gravel  deposits ;  to  what  extent  mining 
is  carried  on  when  water  can  be  obtained,  and 
what  the  facilities  are  for  obtaining  water  for 
mining  purposes ;  upon  what  particular  ten-acre 
subdivisions  mining  has  been  done,  and  at  what 
time  the  land  was  abandoned  for  mining  pur- 
poses, if  abandoned  at  all. 

112.  The  testimony  shonld  also  show  the 
agricultural  capacities  of  the  land,  what  kind 
of  crops  are  raised  thereon,  and  the  value  there- 
of; the  number  of  acres  actually  cultivated  for 
crops  of  cereals  or  vegetables,  and  within  which 
particular  ten-acre  subdivision  such  crops  are 
raised;  also  which  of  these  subdivisions  em- 
brace the  improvements,  giving  in  detail  the 
extent  and  value  of  the  improvements,  such  as 
house,  barn,  vineyard,  orchard,  fencing,  etc.,  and 
mining  improvements, 

113.  The  testimony  should  be  as  full  asxd 
complete  as  possible;  and  in  addition  to  the 
leading  points  indicated  above,  where  an  attempt 
is  made  to  prove  the  mineral  character  of  lands 


184 


LANB  OFFICE  BULKS. 


which  have  been  entered  under  the  agricultural 
laws,  it  should  show  at  what  date,  if  at  all,  valu- 


. 


able  deposits  of  mineral  were  first  known  to 
exist  on  the  lands. 


f 


LAND  OFFICE  RULES. 


135 


ral 

-lu- 


■    ? 

5C 


'■-/' 


X 


114.  Division  Contested— Grotuid  Sur- 
vey.—When  the  case  comes  before  this  oiliee, 
such  decision  will  be  made  as  the  law  and  the 
facts  may  justify;  and  in  eases  where  a  survey 
Is  necessary  to  set  apart  the  mineral  from  the 
agricultural  land,  the  necessary  instructions  will 
be  given  to  enable  the  proper  party,  at  his  own 
expense,  to  have  the  work  done,  at  his  option, 
either  by  United  States  deputy,  county,  or  other 
local  surveyor;  the  survey  in  such  case,  where 
the  claims  to  be  segregated  are  vein  or  lode 
claims  must  be  executed  in  such  manner  as  will 
conform  to  the  requirements  in  section  2320,  U. 
8.  Revised  Statutes,  as  to  length  arwi  width  and 
parallel  end  lines. 

115.  Proof  of  Survey  —  Affidavits  Before 
Whom  Taken.— Such  survey,  when  executed, 
must  be  properly  sworn  to  by  the  surveyor,  either 
before  a  nc  try  public*  officer  of  a  court  of  record, 
or  before  t  e  register  or  receiver,  the  deponent's 
character  and  credibility  to  bo  properly  certified 
to  by  the  officer  administering  the  oath. 

116.  Platting*  '  >  ne.— Upon  the  filing  of  the 
plat  and  field  notes  of  such  survey,  duly  s^yo^n 
to  as  aforesaid,  you  will  transmit  the  same  to 
the  surveyor-general  for  his  verification  and  ap- 
proval ;  who,  if  he  finds  the  work  correctly  per- 
formed, will  properly  mark  out  the  same  upon 
the  original  township  plat  in  his  ofTlce,  and 
furnish  authenticated  copies  of  such  plat  and 
description  both  to  the  proper  local  land  office 
and  to  this  office,  to  be  affixed  to  the  duplicate 
and  triplicate  township  plats  respectively. 

117.  Diagram.— With  the  copy  oi  plat  and 
description  furnished  the  local  office  and  thia 


136 


LAND  OFFICB  R  JLE8. 


office,  must  be  a  diagram  tracing  verified  by  the 
surveyor-general,  showing  the  claim  or  claims 
fiegregated,  and  designating  the  separate  frac- 
tional agricultural  tracts  in  each  40-acre  legal 
subdivision  by  the  proper  lot  number,  beginning 
with  No.  1  in  each  section,  and  giving  the  area 
in  each  lot,  the  same  as  provlde(i  in  paragraph 
45,  in  the  survey  of  mining  claims  on  surveyed 
lands. 

118.  Proceedings  if  Land  Awaj;ded  to  be 
Mineral.— The  fact  that  'ertain  tract  of  land  is 
decided  upon  testimor  .  ..  be  mineral  in  char- 
acter is  by  no  means  equivalent  to  an  award  of 
the  land  to  a  miner,  A  miner  is  compelled  by 
law  to  give  sixty  days'  publication  of  notice  and 
posting  of  diagrams  and  notices,  as  a  prelimi- 
nary step;  and  then.'before  he  can  enter  the  land, 
he  must  show  that  the  land  yields  mineral ;  that 
he  is  entitled  to  ihe  possessory  right  thereto  in 
virtue  of  compliance  with  local  customs  or  rules 
of  miners,  or  by  virtue  of  the  Statute  of  Limita- 
tions; that  he  or  his  grantors  have  expended,  in 
actual  labor  and  improveme.'its,  an  amount  of 
not  less  than  five  hundred  dollars  thereon,  and 
that  the  claim  f  s  one  in  regard  to  which  there  is 
no  controversy  or  opposing  claim.  After  all 
these  proofs  are  met,  he  is  entitled  to  have  a 
survey  made  at  his  own  cost  where  a  survey  Is 
required,  after  which  he  can  enter  and  pay  for 
the  land  embraced  by  his  claim. 

119.  Blank  forms  for  proofs  in  mineral  cases 
are  not  furnished  by  the  General  Land  Office. 

Thomas  H.  Cabter,  Commissioner. 

Approved  December  10th,  1891. 

John  W.  Noble,  Secretary. 


h 


t 


-•':^L^%L.:^ 


CANADIAN  MINING  REGULATIONS 


Governing   Placer  Mining  Along  the  Yukon 

Riv  r  and  Its  Tributaries  in  the 

Northwest  Territories. 


f 


INTERPRETATION. 

**Bar  Digreringrs/'  shaU  mtmn  any  part  of  a 
river  over  wliich  tlie  water  extends  when  the 
water  is  in  its  flooded  state,  and  which  is  not 
co\ered  at  low  water. 

Mines  on  Benches  shall  bo  known  aa  benoh 
diggings,  and  shall,  for  the  purpose  of  defining 
the  size  of  such  claims,  be  excepted  from  dry 
diggings. 

"Dry  Diggings"  shall  mean  any  mine  over 
which  a  river  never  extends. 

"M^'ner"  shall  mean  a  male  or  female  over 
the  age  of  eighteen,  but  not  under  that  age. 

"Claims"  siall  mean  the  personal  right  of 
property  in  a  placer  mine  or  diggings  during 
the  time  for  which  the  grant  of  such  mine  or 
diggings  is  made.  t 

"Legal  Post"  shall  mean  a  stake  standing 
not  less  than  four  feet  above  the  ground  and 
squared  on  four  sides  for  at  least  one  foot  from 
the  top.  Both  sides  so  squared  shall  measure  at 
least  four  inches  across  the  face.    It  shall  also 

137 


r 


138 


CANADIAN  EEGULATIONS. 


iDaan  any  stump  or  tree  cut  off  and  squared  or 
faced  to  tbe  above  height  and  size. 

**Close  Season"  shall  mean  the  period  of  the 
year  during  which  plactir  mining  is  generally- 
suspended.  The  period  to  be  fixed  by  the  gold 
commissioner  in  v,'hc«e  district  the  claim  is  situ- 
ated. 

"Locality"  s.^  .i  mean  the  territory  along  a 
river  (tributary  of  the  Yukon),  and'Ui^  affluents. 

"Mineral"  shall  include  all  minerals  whatso- 
ever other  than  coal. 


NATURE  AND  SIZE  OF  CLAIMS. 

First— Bax  Digrsringrs:  A  strip  of  land  100 
feet  wide  at  iiigh  water  mark  and  thenc*^  ex- 
tending along  into  the  river  to  its  lowest  water 
level. 

Second-  The  Prides  of  a  Claim  for  Bar  Dig- 
grings  shall  be  two  parallel  lines  run  as  nearly  as 
poEsibie  at  right  angles  to  the  stream  and  shall 
be  marked  by  four  legal  posts,  one  at  each  end 
o^  the  claim  at  or  about  high  water  mark,  also 
one  at  each  end  of  the  claim  at  or  about  th  ^  edge 
of  the  waier.  One  of  the  posts  at  high  water- 
mark shall  be  legibly  marked  with  the  nan  e  of 
tlie  minor  and  the  date  upon  which  the  claim  is 
staked. 

Third"  Dry  Diggings  shall  be  100  feet  square 
and  shall  have  placed  at  each  of  its  four  corners 
a  legal  post,  upcn  one  of  which  shall  be  legibly 
mai'kedthe  mime  of  the  miner  and  the  date  upon 
which  the  claim  was  staked. 

Fourth -Creek  and  Hiver  Claims  shall  be 
500  fi'et  long,  measured  in  direction  of  the  gen- 
^rsil  course  o!  the  stream,  and  shall  v)xtend  m 
width  from  base  to  base  of  the  hill  or  bench  on 


CANADIAN  REGUIiATIONS. 


130 


1  or 


each  side,  but  when  the 
hili  or  benches  are  less 
than  ?.00  feet  apfiit,  the 
claim  may  be  100  feet  in 
depth.     The  sides   of    a 
claim  shall  be  two  parallel 
lines  ran  as  nearly  as  pos- 
sible at  right  angles  to 
the   stream.      The   sides 
shall  be  marked  with  kgal 
posts  at  or  about  the  td^e 
of  the  water,  and  {it  the 
rear  boundaries   of  the 
^ilaim.     One  of  the  legal 
posts  at  the  stream,  shall 
be    legibly  marked  w^ith 
the  name  of   the    miner 
and  the  date  upon  which 


2^.  W.  Poliee  on  Duty. 


JV.  W,  Police  at  Best, 

the  claim  was  staked. 
Fifth  — Bench 
Claims  shall  be  100 
feet  square. 
Sixth-In  Defining: 
the  Size  of  Claims^ 
they  shall  be  meas- 
ured horizontally. 
Irrespective  of  ine- 
qualities on  the  sur«- 
face  of  the  ground. 

Seventh  -If  Any 
Person  or  Persona 
Shall  Discover  a 
New  Mine,  and  such 
discovery  shall  be 
established  'o  the 
satisfaction  of  the 
gold  commissi oner^ 


140 


CANADIAN  KEGUI.ATIONS. 


a  claim  for  the  bar  diggings  750  feet  in  length 
may  be  f^ranted. 

A  New  Stratum  of  auriferous  earth  or  gravel 
situated  in  a  locality  wh^re  the  claims  are  aban- 
doned, shall  for  f  his  purpose,  bo  deemed  a  new 
mine,  although  the  same  locality  shall  have  pre- 
viously been  worked  at  n  different  level. 

Eighth—The  forms  of  application  for  a  grant 
for  placer  mining  and  the  grant  of  the  same  sh^ll 
be  those  contained  in  forms  "H  "  and  *'I"  in  the 
schedule  hereto. 

N  inth~A  claim  shall  be  recorded  with  the 
gold  commissioner  in  whose  district  it  is  situ- 
ated within  three  days  after  the  location  thereof, 
If  it  is  located  within  ten  miles  of  the  commis- 
sioner's office.  One  extra  day  shall  be  allowed 
lor  making  such  record  for  every  additional  ten 
miles  and  fraction  thereof. 

Tenth-'In.the  event  of  the  absence  of  the 
gold  commissioner  from  liis  office,  entry  for  a 
claim  may  be  granted  by  any  person  whom  he 
may  appoint  to  perform  bis  duties  in  his  absence. 

Eleventh— Entry  shall  not  be  granted  for  a 
claim  ^hiclA  has  not  been  staked  by  the  appli- 
cant in  person,  in  the  manner  specified  in  these 
re?^,ulation«-..  An  affidavit  that  the  claim,  was 
staked  out  by  the  applicant  shall  be  embod  led  in 
form  "  H  "  of  the  schedule  hereto. 

Tw3lfth-~An  entry  fee  of  $15  shall  be  charged 
for  the  first  year  and  an  annual  fee  of  $100  for 
each  of  the  following  years.  This  provision  shall 
apply  to  the  locations  for  which  entries  have 
already  been  granted. 

Thirteenth— After  the  recording  of  a  claim, 
the  removal  of  any  post  by  the  holder  thereof,  or 
any  person  acting  in  his  behalf,  for  the  purpose 


u 


Miiiiii 


iiHHiMi 


CANADIAN  REGULATIONS. 


141 


of  changing  the  boundaries  of  his  claim,  ^haiH 
act  as  a  forfeiture  of  the  claim. 

Fourteenth— The  entry  of  every  holder  for  a 
grant  for  placer  mining  must  be  renewed,  and 
hisreoeipt  relinquished  and  replaced  every  year, 
the  entry  fee  being  paid  each  year. 

Fifteenth—No  miner  shall  receive  a  grant  for 
more  than  one  mining  claim  in  the  same  locality; 
but  the  same  miner  may  hold  any  number  of 
claims  by  purchase,  and  any  num->er  of  miners 
may  unite  to  ^7ork  their  claims  in  common  upon 
such  terms  as  they  may  arrange,  provided  such 
agi-eement  be  registered  with  the  gold  commis- 
sioner and  a  fee  of  $5  paid  for  each  registration- 
Sixteenth— Any  r>'mer  or  miners  may  selU 
mortg  or  dispose  of  his  or  their  claims, 

provide^  !  dl'^posal  bo  rejrfof ered  with,  and 

a  fee  of  $2  pu  '  >  the  gold  mmissioner,  who 
shall  thereupon  g '  ve  the  assignee  a  certificate  in 
form  *'  J  "  ill  the  schedule  aer^to. 

Seventeenth— Ever  d^  during  the 

continuance  of  his  pvant,  have  tlie  exclusive 
right  of  entry  upon  hi»  own  claim  for  the  miner- 
like working  thereof,  and  +he  construction  of  a 
residence  thereon,  an'  .1  be  entitled  exclu- 
sively to  all  the  proct  .d  realized  therefrom; 
but  he  shall  have  no  surface  rights  therein,  and 
the  gold  commissioner  may  grant  to  the  holders 
of  adjacent  claims  such  rights  of  entry  thereon 
as  may  be  absolutely  necessary  for  the  workinpr 
of  their  claims,  upon  such  terms  ac  may  to  him 
soem  reasonable.  He  may  also  ^rant  permits  to 
miners  to  cut  timber  thereon  for  their  own  use, 
upon  payment  of  the  dues  prescribed  by  the 
regulations  in  that  behalf. 

Eighteenth— Every  miner  shall  be  entitled  to 


142 


CANADIAN  EEOULATIONS, 


the  use  of  so  much  of  the  water  naturally  flow- 
ing through  or  past  his  claim,  and  not  already 
lawfully  appropriated,  as  shall  in  the  opinion  of 
the  gold  commissioner,  be  necessary  for  the  due 
working  thereof,  and  shall  be  entitled  to  drain 
his  own  claim  free  of  charge. 

Nineteenth— A  claim  ffhall  be  deemed  to  be 
abandoned  and  open  to  the  occupation  and  entry 
by  any  p'^rson  when  the  same  shall  have  re- 
mained unworked  on  working  days  by  the 
grantee  thereof  or  by  some  person  on  his  behalf 
for  the  space  of  seventy-two.  hours,  unless  sick- 
ness or  other  reasonable  cause  may  be  shown  to 
the  satisfaction  of  the  gold  commissioner,  or 
unless  the  grantee  is  absent  on  leave  given  by 
the  commissioner,  and  the  gold  commissioner, 
upon  obtaining  evidence  satisfactory  to  himself 
that  this  provision  id  not  being  complied  with, 
may  cancel  the  entry  given  for  a  claim. 

Twentieth— If  the  land  upon  which  a  claim 
aas  been  located  is  not  the  property  of  the  crown 
it  will  be  necessary  for  the  pers«".n  who  applies 
for  entry  to  furnish  proof  that  he  has  acquired 
from  the  owner  of  the  land  the  surface  right 
before  entry  can  be  granted 

Twenty-first— If  the  occupier  of  the  lands  has 
not  re  ^ived  a  patent  ^^herefor,  the  purchase 
mpney  of  the  surface  rights  must  bo  paid  to  the 
crown,  and  a  patent  of  the  surface  rights  will 
issu  to  the  party  who  acquired  the  mining 
rights.  The  money  so  collected  will  either  be 
refunded  to  the  occupier  of  the  land  when  ho  is 
entitled  to  a  patent  therefor,  or  will  be  credited 
to  him  on  account  of  payment  for  land. 

Twenty-second— "When  the  party  obtaining 
the  mining  rights  cannot  make  an  arrangement 


n( 

01 


u 


tamm 


CANADIAN  REGULATION'S. 


143 


with  the  owner  thereof  for  the  acquisition  of  the 
surface  rights  ic  shall  bo  lawful  for  him  to  give 
notice  to  the  owner  or  his  agent,  or  the  occupier 
to  appoint  an  arbitrator  to  act  with  another  ar- 
bitrator named  by  him  in  order  to  award  the 
amount  of  compensation  to  which  the  owner  or 
occupant  shall  be  entitled.  The  notice  mentioned 
in  this  section  shall  be  according  to  form  to  be 
obtained  upon  application  from  the  gold  com- 
missioner for  the  district  in  which  the  lands  in 
question  lie,  and  shall,  when  practicable,  be  per- 
sonp-lly  served  on  such  owner  or  his  agent,  if 
known,  or  occupant,  and  after  reasonable  efforts 
have  been  made  to  effect  persoiial  service  with- 
out success,  then  such  notice  shall  be  served 
upon  the  owner  or  agent  within  a  period  to  be 
fixed  by  the  gold  commissioner  before  the  ex- 
piration of  the  time  limited  in  such  notice.  If  the 
proprietor  refuses  or  declines  to  appoint  ah  ar- 
bitrator, or  when,  for  any  other  reason,  no  ai*- 
bitrator  is  appointed  by  the  proprietor  in  the 
time  li'  ited  therefor  in  the  notice  provided  by 
this  section,  the  gold  commissioner  for  the  dis- 
trict in  which  the  lands  in  question  lie,  shall,  on 
being  satisfied  by  affidavit  that  such  notice  has 
come  to  the  knowledge  of  such  owner,  agent  or 
occupant,  or  that  such  owner,  agent  or  occupant, 
wilfully  evades  the  service  of  such  notice,  or  can 
not  be  found,  and  that  reasonable  efforts  have 
been  made  to  effect  such  service,  and  that  the 
notice  was  left  at  the  last  place  of  abode  of  such 
owner,  agent  or  occupant,  appoint  an  arbitrator 
on  his  behalf. 

Twenty-third— (a)  All  arbitrators  appointed 
under  the  authority  of  these  regulations  shall  be 
sworn  before  a  justice  of  the  peace  to  the  impair- 


144 


CANADIAN  URGULATIONS. 


tial  discharge  of  the  duties  assigned  to  them, 
and  they  shall  forthwith  proceed  to  estimate  the 
reasonable  damages  which  the  owner  or  occu- 
pant of  such  lands  according  to  their  several  in- 
terests therein  shall  sustain  by  reason  of  such 
prospecting  and  mining  operations. 

(b)  In  estimating  such  damages  the  arbitra- 
tors shall  determine  the  value  of  the  land,  irre- 
spectively of  any  enhancement  thereof  from  the 
existence  of  mineral  therein. 

(c)  Incase  such  arbitrators  cannot  agree  they 
may  select  a  third  arbitrator,  and  when  the  two 
arbitrators  cannot  agree  upon  a  third  arbitrator, 
the  gold  commissioner  for  the  district  in  which 
the  lands  in  question  lie  shall  select  such  third 
arbitrator. 

id)  The  a^ward  of  any  two  such  arbitrators 
made  in  writing  shall  be  final,  and  shall  be 
filed  with  thej^old  commissioner  for  the  district 
in  which  the  lands  lie. 

If  any  oases  arise  for  which  no  provision  is 
made  in  these  regulations,  the  provisions  of  the 
regulations  governing  the  disposal  of  mineral 
lands  other  than  coal  lands,  approved  by  his  ex- 
cellency the  governor,  in  counoil,  on  the  9th  of 
November,  1889,  shall  apply. 

Certificate  of  Asai^nxnent  of  a  Placer 

Mining'  Claim. 
"  Form  'J.* 

"No 

••  Department  of  the  Interior. 

"Agency 18.... 

"This  Is  to  certify  that  (B.  C.)  has  (or  have) 

filed  an  assignment  in  due  form  dated 

18....  and  accompanied  by  a  registration  fee  of 


mm 


wmmmmm 


CANADIAN  REGULATIONS. 

_L-!-^!'!i«tfflg**? 


145 


Boat  building  on  Lake  Idndeman. 


'.■*m-'it,.'*i-- 


146 


CANADIAN  KEGULATIONS. 


two  dollars,  of  the  igi'aot  to. ....(A.  B.) 

of of  the  right  to  mine  in 

(insert  description  of  claim) 

for  one  year  from 18... 

"  This  certifloate  entitles  the  said 

(B.  C.)  to  all  rie:ht8»and.privileges 

©f  the  said (A.  B.) 

in  r<3speot  of  the  claim  assigned,  that  is  to  say, 
the  exclusive  right  of  entry  upon  tho  said  claim 
for  the  min^r-like  working  thereof,  and  the  con- 
struction of  a  residence  thereon,  and  the  ex- 
clusive right  to  all  proceeds  therefrom,  for  the 
remaining  portion  of  the  year  for  which  said 

afkim  was  granted  to  the  £   Id (A.  B.) 

that  is  to  say,  until  the 18.... 

.'•The  said (B.C.)  shall 

be  entitled  to  the  use  of  so  much  of  the  water 
naturally  flowing  through  or  past  his  (or  their) 
claim,  and  not  already  lawfully  appropriated,  as 
shall  bo  necessary  for  the  due  working  thereof, 
and  to  drain  the  claim  free  of  charge. 

'*  This  grant  does  not  oonvey  to  the  said 

(B.  C.)  any  surface 

rights  in  said  claim  or  any  rights  of  ownership 
in  the  soil  covered  by  the  said  claim,  -fnd  the 
said  grant  shall  lapse  and  be  forfeited  unless  the 
claim  is  continually  and  ingood  faith  worked  by 
the  said  (B.  C.)  or  his  (or  their)  associates. 

**The  rights  hereby  granted  are  those  laid 
down  in  the  Dominion  Mining  Regulations,  and 
are  subject,  to  all  provisions  of  the  said  regula- 
tions, whether  the  same  are  expressed  herein  or 
not. 


•f 


<( 


*'  Gold  Commissioner." 


_^^g^^^^^^^^^^^^^^^^^^^___l^ 


CANADIAN  REGULATIONS. 


147 


Application  for  Grant  for  Placer  Mining 
Claim  and  Aifidavit  of  Applicant. 

"Porm*H/ 

"I,  (orw«)  of hereby 

apply  under  the  Dominion  Mining  Regulations 
for  grant  of  a  claim  for  placer  mining  as  defined 

imthe  said  regulations  in 

(here  describe  locality)  and  I  (or  we)  solemnly 
swear: 

" Fir? t— That  I  (or  we)  am  (or  are)  to  the  best 
of  my  (oi'  our)  knowledge  and  belief,  the  first  dis- 
coverer (or  discoverers)  of  the  said  deposit,  or 

"  Second— That  the  said  claim  was  previously 

granted  to (here  name  the  last 

grantee),  but  has  remained  unworked  by  the  said 
grantee  for  not  less  than 

"Third— That  1  (or  we)  am  (or  are)  unaware 
that  the  land  is  other  than  vacant  Dominion 
lands. 

"Fourth -That  I  (or  we)  did  on  the 

clay  of mark  out  on  the  ground  in 

accordance  in  every  particular  with  the  pro- 
visions of  the  mining  regulations  for  the  Yukon 
river  and  its  tributaries,  the  claim  for  which  I 
(or  we)  make  this  application,  and  that  in  so 
doing  I  (or  we)  did  not  encroach  on  any  other 
claim  or  mining  location  previously  laid  out  by 
any  other  person. 

"Fifth— That  the  said  claim  contains  as  ntiiily 
as  I  (or  we)  could  measure  or  estimate  an  area 
of square  feet,  and  that  the  descrip- 
tion (and  skotch,  if  any)  of  this  date  hereto  at- 
tached, signed  by  me  (or  us)  set  (or  sets)  forth  in 
detail  to  the  best  of  my  (or  our)  knowledge  and 
ability  its  position,  form  and  dimensions. 


./ 


148  CANADIAN  BBGULATIONS. 

"  Sixth— That  I  (or  we)  make  this  application 
in  good  faith  to  actiuire  the  claim  for  the  sole 
purpose  of  mining,  prosecuted  by  myself  (or  us) 
or  by  myself  and  associates,  or  by  my  (or  our) 
assigns. 

"  Sworn  before  me 
At this day  of 

"(Signature) " 


Orant  for  Plaoer  Claim. 
**Form*l.' 

*•  Department  of  the  Interior. 

"Agency 18..,. 

"In  consideration  of  the  payment  of  the  fee 
prescribed  by  clause  12  of  the  mining  regula- 
tions of  the  Yukon  river  and  its  tributaries  by 

(A.B.) 

accompanying  his  (or  their)  application  No 

dated ,.18 —  for  amining 

claim  in (here  insert  description 

of  locality),  the  minister  of  the  interior  hereby 

grants  to  the  said (A.  B.) 

for  the  term  of  one  year  from  the  date  hereof  the 
exclusive  right  of  entry  upon  the  claim  (here 
describe  in  detail  the  claim).     ^  » 

"  Granted— For  the  miner-like  working  thereof 
and  the  construction  of  aresiderce  thereon,  and 
the  exclusive  right  to  all  the  proceeds  derived 

therefrom. »  That  the  said (A.  B  J 

shall  be  entitled  to  the  use  of  eo  much  water 
naturally  flowing  through  or  past  his  (or  their) 
claim  and  not  already  lawfully  appropriated  as 
shall  be  necessary  for  the  due  working  thereof, 
and  to  drain  his  (or  their)  claim  fme  of  charge. 


Vfe 


<^^.  ,rr.^m^..-^irm^*,lttUi,.  -.T^MJMlrtWMiM 


I'r 


CANADIAN  B^OtjLATTONS. 


149 


'This  grant  doea  not  convey  to  the  said 

(A.  BJ  any  surface  rigkt 

in  the  said  claim  or  any  right  of  ownership  in 
the  soil  covered  by  the  said  claim,  and  the  said 
grant  shall  lapse  and  be  forfeited  unless  the 
claim  is  continuously  and  in  good  faith  worked 

by  the  said (A.  B.)  or  his 

(or  their)  associates. 

"The  rights  hereby  granted  are  those  laid  down 
in  the  afor^^said  mining  regulations  and  no  more, 
and  are  subject  to  all  the  provisions  of  the  said 
regulations,  whether  the  same  are  expressed 
herein  or  not. 


«< 


•*  Gold  Commissioner." 


'i 


AmendmentM. 

Amended  regulations  governing  gold  mining 
in  the  Klondyke  appepred  August  14,  1897,  in 
the  •'  Canadian  OflHcial  Gazette. "  Entry  can 
only  be  granted  for  alternate  claims  known  as 
creek  claims,  bench  claims,  bar  diggin^rs,  and 
drr  diggings,  and  that  the  other  alternate  "lalms 
be  reserved  for  the  crown,  to  be  disposed  of  by 
public  auction  or  in  such  manner  as  may  be 
decided  by  the  Minister  of  the  Interior. 

Another  order  reads  as  follows: 

*•  Whereas,  Clause  7  of  the  regulations  gov- 
erning the  disposal  of  placer  mines  on  the 
Yukon  Biver  and  its  tributaries  in  the  North- 
west Territories,  established  by  order  in  Coun- 
cil of  May  21, 1897,  provides  that  if  any  person 
shall  discover  a  new  mine  and  such  discovery 
shaU  be  established  to  the  satisfaction  of  the 


150 


CANADIAN  REGULATIONS. 


Gold  Commission  a  claim  for  the  bar  diggings, 
750  feet  in  lengtii,  may  be  granted-  and,  whereas, 
the  intention  was  to  grant  a  claim  of  750  feet  in 
length  to  the  discoverer  of  the  new  mine  upon  a 
creek  or  river  and  not  to  grant  a  claim  of  that 
length  for  bar  diggings,  his  Excellency  by  and 
with  the  advice  of  the  Queen's  Privy  Council 
for  Canada  is  pleased  to  order  that  Clause  7  shall 
be  amended  so  that  the  above  grant  to  a  discov- 
erer may  apply  to  creek  and  river  claims  instead 
of  to  bar  diggings." 


Shootifig  the  Rapids. 


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1897 

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